Patna High Court
Ravi Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court grants anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioners Ravi Kumar Singh and Mantu Kumar Yadav sought anticipatory bail after being implicated in a FIR alleging they threatened an informant and demanded Rs.10 lakh, stemming from a business rivalry between contractors. The prosecution alleged offences under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, while the petitioners claimed innocence, lack of specific assault allegations, and no criminal antecedent. The State opposed the bail, arguing the seriousness of the charges. The Court noted the possibility of false implication due to the business dispute and, applying Section 482(2) of the B.N.S., granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties. The order directs the petitioners to surrender within four weeks for bail to be formalised.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences under the B.N.S., 2023.
- Whether the business rivalry indicates a false or malicious FIR, affecting the prima facie case.
- Applicability of Section 482(2) of the B.N.S., 2023 for granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 127(2), 303(2), 308(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- business rivalry
- false implication
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1545 of 2026
Arising Out of PS. Case No.-552 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
1. Ravi Kumar Singh S/O Shri Ramesh Singh R/O Village- Singaha, Tola
Tarwa, P.S- Mirganj, Distt.- Gopalganj.
2. Mantu Kumar Yadav @ Mantu Chaudhary S/O Banshi Chaudhary R/O
Village- Singaha, Tola Tarwa, P.S- Mirganj, Distt.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyendra Rai
For the Opposite Party/s : Mr.Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State .
2. Petitioners apprehend their arrest in a case registered
for the offence punishable under Sections 126(2), 127(2), 115(2),
308(2), 109, 303(2), 352, 351(2), 3(5) of B.N.S., 2023.
3. Prosecution story in brief is that when the informant
was going to his house in the evening then both the petitioners
surrounded the informant and abused him as both parties are the the
business competitors (contractors) and both petitioners demanded
Rangdari of Rs. 10 lakh to the informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. He further submits that there is no specific allegation
against the petitioners of assault and the petitioners have no
criminal antecedent, as statement made in para 3 of the bail
Patna High Court CR. MISC. No.1545 of 2026(2) dt.28-01-2026
2/2
application.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the fact that the informant as well as petitioner No.1
are contractors and there appears to be a business rivalry between
the two which may have resulted in lodging of the F.I.R. against the
petitioners and there is also a case and counter case between the
parties, which has been disclosed in paragraph No.12 of the
application, I am inclined to grant privilege of anticipatory bail to
the petitioners.
7. Let the petitioners, as named above, in the event of
their arrest or surrender within four weeks from today, be enlarged
on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Gopalganj, in
connection with Mirganj P.S. Case No. 552 of 2025, subject to the
conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
sanjeev/-
U T
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