Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond and specified conditions.
Summary
Ravi Kumar was arrested in connection with a robbery and alleged firing incident under Sections 309(6) of the Bharatiya Nyay Sanhita, 2023 and 27 of the Arms Act. The FIR does not name him; his alleged involvement stems from confessional statements of a co-accused and his own statement. He applied for bail, claiming innocence and that the injury to the informant was minor. The prosecution opposed bail, citing two prior criminal antecedents, but noted he is already on bail for those matters. The court observed that the petitioner was not named in the FIR, the evidence was weak, and the injury was simple, and therefore granted bail with a bond of Rs.10,000 and three conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and prior criminal antecedents
- Whether the petitioner’s implication solely on the basis of co‑accused confessional statements suffices to deny bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 309(6)
Subjects
- bail
- criminal procedure
- Arms Act
- robbery
- false implication
- confessional statements
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1934 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Ravi Kumar Son of Ashok Ram Resident of Village - Gilanichak, P.S.-
Chandi, District – Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Nilesh Kumar Pandey, learned counsel for
the petitioner as well as Mr. Harendra Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 01.07.2025
in connection with Chandi P.S. Case No. 304 of 2025, F.I.R. dated
12.06.2025 for the offences punishable under Sections 309(6) of the
Bharatiya Nyay Sanhita, 2023 and 27 of Arms Act.
3. According to prosecution case, the informant alleged
that on 12.06.2025, two miscreants came in motorcycle and
snatched his blue colour shoulder bag containing Rs.1.20 lacs in
cash, laptop, biometric machine, cheque books etc. It is further
alleged that one of the accused fired upon the informant and
somehow he managed to escape.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is false
Patna High Court CR. MISC. No.1934 of 2026(2) dt.20-01-2026
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and fabricated. Petitioner is not named in the FIR his name
transpired on the basis of confessional statement of co-accused
person and his own confessional statement. Although there is
allegation against the petitioner that he fired upon the informant but
the injury report of the informant suggest that injury inflicted upon
him is simple in nature. He further submits that the police after
investigation submitted the charge sheet and the petitioner is in
custody since 01.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries two criminal antecedents other
than the present one but fairly submits on the basis of paragraph-3
of the bail application that the petitioner is on bail in the said
matters.
6. Considering the aforesaid facts and circumstances,
petitioner is not named in the FIR and his name transpired on the
basis of disclosure made by co-accused person and injury inflicted
upon informant is simple in nature, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate,
Hilsa, Nalanda in connection with Chandi P.S. Case No. 304 of
Patna High Court CR. MISC. No.1934 of 2026(2) dt.20-01-2026
3/3
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court and
shall remain physically present as directed by the court and on his
absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall verify
the criminal antecedent of the petitioner and in case at any stage it
is found that the petitioner has concealed his criminal antecedent,
the court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in the
name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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