Patna High Court
Ravi Sen @ Ravi RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Ravi Sen and Sursen, applied for anticipatory bail in a case arising from Sahebpur Kamal Police Station Case No. 277 of 2025, where they were alleged to have assaulted and caused the death of an informant’s father during a dispute over well keys. The FIR alleged that the accused, including the petitioners, pushed the deceased from a roof, leading to his death, and charged them under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioners contended they were innocent, that other co‑accused had already been granted regular bail, and that the deceased, who was intoxicated, fell on his own, supported by statements of his niece and other witnesses. The court considered the petitioners’ youth, their status as students preparing for competitive examinations, and the lack of weapon use in the FIR. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail, imposing a bail bond of Rs 10,000 with two sureties each.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the allegations under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita
- Whether the petitioners are likely to be involved in the alleged assault and homicide
- Whether the petitioners’ personal circumstances (students, age) justify the grant of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Bhartiya Nyaya Sanhita
- criminal procedure
- bail
- assault
- death
- students
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12702 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
1. Ravi Sen @ Ravi Raj Son of Rajendra Kumar @ Rajendra Kumar
Choudhary @ Rajendra Choudhary Resident of village-Panchveer, Ward
No.-8, P.S- Sahebpur Kamal, District-Begusarai
2. Sursen @ Surya Sen Kumar Son of Rajendra Kumar @ Rajendra Kumar
Choudhary @ Rajendra Choudhary Resident of village-Panchveer, Ward
No.-8, P.S- Sahebpur Kamal, District-Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Kaushlendra
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Sahebpur Kamal Police Station Case No. 277 of 2025,
dated 15.09.2025, disclosing offences punishable under
Sections 103(1)/3(5) of the Bhartiya Nyaya Sanhita,
2023.
3. The prosecution case, as per the First Information Report,
is that when the father of the informant was going to
clean the surface near the well on the occasion of Jitiya
Puja, he found the well locked and demanded the keys
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from co-accused Rajendra Kumar Chaudhary, who denied
to give the keys to him. It has further been alleged that
co-accused Rajendra Kumar Chaudhary abused the father
of the informant and when the father of the informant
objected, other co-accused persons, including the
petitioners, arrived there and started assaulting the father
of the informant. It has further been alleged that when the
father of the informant went inside the house to save
himself, all the accused persons entered into the house
and started assaulting him, upon which the father of the
informant climbed on the roof of the house, but all the
accused persons reached there and pushed him from the
roof, due to which he fell down and during course of
treatment, he died.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have not committed any
offence in the manner alleged. He further submits that co-
accused persons, namely, Rajendra Kumar Chaudhar,
Ritesh Kumar, Niranjan Choudhary and Nitish Kumar,
were arrested by the police and they have been granted
regular bail by a co-ordinate Bench of this Court, vide
order, dated 27.02.2026, passed in Criminal Misc. Nos.
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88738 and 88581 of 2025. He further submits that on the
alleged date of occurrence, the deceased was in drunken
condition and he himself fell down from the roof, which
would be evident from the statement of the niece of the
deceased and some other independent witnesses. He
further submits that the niece of the deceased, namely,
Julie Kumari, has stated before the police that the
deceased himself was abusing the accused persons when
her aunt had gone to have a dip in Ganga river., due to
which a scuffle took place and her aunt had closed the
deceased in a room, after sometime, the deceased reached
on the roof and fell down. He further submits that in the
First Information Report, there is no mentioning of any
weapons being used during assault, but the doctor, who
has conducted post mortem examination on the dead body
of the deceased, has opined that death was due to
neurogenic and hypovolemic shock as a result of above
mentioned injuries caused by heavy, hard and blunt
object. He next submits that the petitioners are young
boys, aged about 25-26 years and are preparing for
competitive examination and recently they have
completed the BPSC examination.
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5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the statement
of the niece of the deceased mentioned in the order, dated
27.02.2026 and the fact that the petitioners are students, I
am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial
Magistrate-IV, Begusarai, in connection with Sahebpur
Kamal Police Station Case No. 277 of 2025, subject to the
condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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