Patna High Court
Ravi Kumar @ Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner.
Summary
Petitioner Ravi Kumar feared arrest in a case registered under Sections 318(4), 316(2) and 61(2) of the B.N.S., alleging that he and others looted 62 sacks of coconut from an informant's pickup. The prosecution’s case rests solely on the statement of a co‑accused driver, with no material evidence linking the petitioner and no looted articles recovered from his possession. The petitioner’s counsel argued that he is innocent and that the accusation is general and omnibus. The State opposed the grant of anticipatory bail. The Court, noting the lack of incriminating material and the general nature of the charge, allowed the petition for anticipatory bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S.S. and within eight weeks of the order.
Issues considered
- Whether anticipatory bail should be granted when the accusation is general and there is no material evidence against the petitioner
- Whether the conditions of Section 482(2) of the B.N.S.S. justify the grant of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- insufficient evidence
- looting
- co‑accused statement
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19934 of 2026
Arising Out of PS. Case No.-123 Year-2025 Thana- GHOSWARI District- Patna
======================================================
Ravi Kumar @ Ravindra Kumar S/o Shyam Sunder Bhagat R/o Village -
Dhobanli, P.S - Lakho (Mufassil Thana), District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Manoj Kumar Pandey, Advocate
For the State : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 318(4),
316(2) and 61(2) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, along with other F.I.R. named accused persons,
looted 62 sacks of coconut from the pickup vehicle of the
informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.19934 of 2026(2) dt.08-04-2026
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committed no offence. Petitioner has been made an accused in
this case merely on the basis of disclosure of co-accused Sujeet
Kumar, who happens to be driver of the pickup van of the
informant. Save and except confessional statement, there is no
material on record to show the complicity of this petitioner in
the alleged offence. No looted article has been recovered from
possession of this petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and fact that no
incriminating article has been recovered from possession of this
petitioner, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned S.D.J.M., Barh, District-
Patna in connection with Ghoshwari P.S. Case No. 123 of 2025,
Patna High Court CR. MISC. No.19934 of 2026(2) dt.08-04-2026
3/3
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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