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Patna High Court

Ravi Kumar @ Ravindra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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