Patna High Court
Ravi Kumar Gupta @ Mantu Mastana @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bail bonds and conditions, pending further investigation.
Summary
The petitioner, Ravi Kumar Gupta, a Bhojpuri singer, sought anticipatory bail after being implicated in an arms case under Sections 25(1‑b)a, 26 and 35 of the Arms Act based on a police informant’s report and a confession by Bittu Kumar, who alleged the pistol recovered from him belonged to the petitioner. The petitioner argued that the confession was made while in custody and thus lacks evidentiary value, that no cartridge was recovered, and that the allegation was motivated by jealousy. The State opposed the bail, contending that the investigation was ongoing. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.25,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., including cooperation with the investigation and the possibility of cancellation if the petitioner fails to cooperate or a charge‑sheet is filed. The order emphasizes that the bail may be revoked if the petitioner does not comply with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted in an offence punishable under the Arms Act where the primary evidence is a confessional statement made in police custody.
- Whether the petitioner is likely to abscond or tamper with evidence, justifying denial of bail.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are appropriate for granting anticipatory bail.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Arms Act
- confessional statement
- false implication
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17288 of 2026
Arising Out of PS. Case No.-502 Year-2025 Thana- LAURIA District- West Champaran
======================================================
Ravi Kumar Gupta @ Mantu Mastana @ Ravi Kumar Son of Harishankar
Sah Resident of Village- Mathiya, P.S.- Lauriya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 25(1-b)a,
26 and 35 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and the informant alleges
that on 09.12.2025, at about 12:06 p.m., he received an
information that a person has been tied near the house of Dinesh
Sah in village Mathiya Factory Tola, accordingly, the informant
reached the place of occurrence and Bittu Kumar was arrested
and from his pocket a country made pistol was recovered.
Further, Bittu Kumar disclsoed that the country made pistol
belongs to the petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.17288 of 2026(2) dt.16-04-2026
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petitioner has been falsely implicated in the instant case by the
informant based on the confessional statment of Bittu Kumar in
police custody which does not have any evidentiary value in the
eye of law. It is further submitted that petitioner is a Bhojpuri
Singer and most of the time he stays in Delhi in connection with
his work. It is next submitted that no doubt, Bittu Kumar is
known to the petitioner but since petitioner has succeded in life,
hence, Bittu Kumar, out of jealousy, implicated him. It is also
submitted that the FIR does not even remotly suggest that
cartridge was also recovered. It is further submitted that
petitioner sings songs in Bhojpuri and uploads on YouTube. It is
reiterated and submitted that out of jealousy, the name of the
petitioner was taken by Bittu Kumar. It is next submitted that
petitioner will not abscond if privilege of anticipatory bail is
granted rather shall coopearte in the investigation to prove his
innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that the case is
under the Arms Act and investigation is continuing.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
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period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/Successor Court in connection with Lauriya P.S. Case
No. 502 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioner, despite giving
assurance to this Court, is not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioner.
8. However, it is further made clear that if the charge-
sheet is submitted against the petitioner connecting him with the
offence, in that event, the present anticipatory bail order shall
lose its effect.
(Satyavrat Verma, J)
Kundan/-
U T
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