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Patna High Court

Ravi Kumar Gupta @ Mantu Mastana @ Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.17288 of 2026(2) dt.16-04-2026
                                                       3/3




                     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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