Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner as the circumstances did not warrant continued detention.
Summary
The petitioner, Ravi Kumar, sought bail in a case (Lutua P.S. Case No. 25 of 2024) involving alleged assault with an iron rod, charged under multiple sections of the B.N.S., 2023. The prosecution alleged that Ravi Kumar and three co‑accused assaulted the informant's husband, causing a bleeding head injury. The petitioner contended he was falsely implicated, that the injury report showed only one wound inconsistent with four assailants, and cited a counter‑version of events describing a free fight. He also highlighted that similarly situated co‑accused had been granted bail in a prior case (Cr. Misc. No. 8291 of 2025) and noted his lack of criminal antecedents and his custody since 03‑12‑2025. After hearing both sides, the court found the bail application justified and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences charged under the B.N.S., 2023
- Whether the evidence and the nature of the allegations justify continued detention
- Whether precedent of bail granted to co‑accused in a similar case is applicable
Legislation cited
- B.N.S., 2023 — s. 109, 115, 126(2), 127(2), 303(2), 3(5), 351(3), 352, 74, 76
Subjects
- bail
- criminal procedure
- assault
- iron rod
- judicial custody
- co‑accused
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17656 of 2026
Arising Out of PS. Case No.-25 Year-2024 Thana- LUTUA District- Gaya
======================================================
Ravi Kumar S/O Mahendra Bhuiyan R/O Vill.- Latua, P.S.- Latua, Tola
Narayandih, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Lutua P.S. Case No. 25 of 2024 registered for the offence
punishable under Sections 126(2), 127(2), 115, 109, 74, 76,
303(2), 352, 351(3) and 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the co-
accused, namely, Krishna Bhuiyan, Raj Kumar, Jitendra Kumar,
and Ravi Kumar Shikandar, assaulted the husband of the
informant with an iron rod on the head, due to which he
received a bleeding head injury.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.17656 of 2026(2) dt.23-03-2026
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committed no offence. He has been falsely implicated in this
case. He also submits that the nature of allegation is general and
omnibus and from perusal of the injury report of the husband of
the informant, it transpires that he has received only one injury
on the head whereas there is allegation against four persons of
assaulting with an iron rod. He further submits that there is also
a counter version of this case. There was free fight between the
parties. He further submits that similarly situated other co-
accused persons have already been granted bail by the learned
coordinate bench of this court vide Cr. Misc. No. 8291 of 2025.
The case of this petitioner stands on similar footing. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 03.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.17656 of 2026(2) dt.23-03-2026
3/3
S.D.J.M., Sherghati at Gaya in connection with Lutua P.S. Case
No. 25 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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