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Patna High Court

Ravish Kumar @ Chhotu Kumar @ Raukish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Ravish Kumar, was implicated in a case registered under Sections 317(2) and 111 of the Bharatiya Nyaya Sanhita for alleged involvement in illegal sand mining and a stolen motorcycle. The FIR was based on a secret informant’s tip that the accused were riding a motorcycle without a number plate and fled when police arrived. The petitioner contended he had no connection to the motorcycle or the sand‑mining activity, possessed a clean criminal record, and was willing to cooperate with the investigation. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the petitioner’s clean antecedent and lack of material evidence against him, ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 317(2) and 111 of the Bharatiya Nyaya Sanhita.
  • Whether the material on record justifies denial of bail.

Legislation cited

Subjects

  • bail
  • illegal sand mining
  • stolen motorcycle
  • clean antecedent
  • Section 317
  • Section 111
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22831 of 2026
                   Arising Out of PS. Case No.-336 Year-2025 Thana- PAKARIBARAW District- Nawada
                 ======================================================
                 Ravish Kumar @ Chhotu Kumar @ Raukish Kumar S/o Sharwan Yadav @
                 Shrawan Yadav @ Shrawan Kumar Resident of Village - Mosma, P.S.-
                 Warisaliganj, District- Nawada,

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Man Mohan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   01-07-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 317(2) and 111 of the Bharatiya

                   Nyaya Sanhita.

                                   3.     As per the F.I.R., informant got a secret

                   information that some illegal sand mining activity was being

                   committed by the accused persons including the petitioner.

                   Upon which, informant proceeded for investigation and found

                   that the accused persons were riding on a motorcycle without

                   number plate and on seeing the police the accused persons left

                   the motorcycle and managed to flee away. Upon search, the said
Patna High Court CR. MISC. No.22831 of 2026(4) dt.01-07-2026
                                            2/3




          motorcycle was found to be stolen for which F.I.R. was also

          registered.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and has falsely

          been implicated in the present case. Further submission is that

          petitioner has no concern neither with the motorcycle in

          question nor with the illegal mining of sand. Except the

          suspicion, there is nothing material against the petitioner.

          Petitioner has got no criminal antecedent and he undertakes to

          cooperate in the investigation and trial. There is no chance of

          absconding of the petitioner or tampering with the evidence.

                        5. Learned A.P.P. for the State opposed the prayer for

          bail.

                         6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties and

          clean antecedent of the petitioner, let the above named petitioner

          be released on bail, in the event of arrest or surrender before the

          learned court below within a period of six weeks from today, on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Additional Chief Judicial Magistrate-II, Nawada in

          connection with Pakaribarawan P.S. Case No. 336 of 2025,
            Patna High Court CR. MISC. No.22831 of 2026(4) dt.01-07-2026
                                                        3/3




                      subject to the conditions as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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