Patna High Court
Ravish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 with two sureties and specified conditions.
Summary
Petitioner Ravish Kumar was arrested on 23 June 2025 in connection with a case involving illegal arms under Sections 310(4), 310(5) of the Bihar Narcotic Substances Act and Sections 25(1‑AA), 25(1‑Ba), 26 and 35 of the Arms Act. The prosecution alleged that a co‑accused, Rohit Kumar, was caught with two country‑made pistols and live cartridges and identified Ravish Kumar as present at the scene, though no weapon was recovered from him. The petitioner contended that he was falsely implicated and that no material was found in his possession. The State opposed bail, citing the petitioner’s antecedent of eight other cases, albeit he was on bail in those matters. The Court, after weighing the lack of direct evidence against the petitioner and the bail principles, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering of evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the allegations under the Arms Act and the Bihar Narcotic Substances Act.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-AA), 25(1-Ba), 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5)
Subjects
- bail
- Arms Act
- Bihar Narcotic Substances Act
- false implication
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24313 of 2026
Arising Out of PS. Case No.-484 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
Ravish Kumar Son of Kishundeo Singh @ Kishandev Singh Resident of
village - Mathura, P.S.- Bidupur, District - Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh
For the Opposite Party/s : Mr. Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.06.2025 in connection with Bidupur P.S. Case No. 484 of
2024 for the offences punishable under Sections 310(4), 310(5)
of BNS and Sections 25(1-AA), 25(1-B)a, 26 and 35 of Arms
Act.
3. The prosecution case, in brief, is that on 21.08.2024
at about 00.30 hrs. night the informant received secret
information that Rohit Kumar who is the absconder accused of
Bidupur P.S. Case No. 290/2023 is present at Dhabauli Railway
Over-bridge for selling illegal arms and cartridges to the other
accused persons namely Madhukant Kumar, Ravish Kumar,
Rajeev Kumar and Vikash Sharma who are also present at the
Patna High Court CR. MISC. No.24313 of 2026(2) dt.15-04-2026
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place of occurrence. The police team raided the place and
arrested one of them who disclosed his name as Rohit Kumar
and other persons fled away. The said Rohit Kumar disclosed
the name of other persons who have fled away as Madhukant,
Ravish Kumar, Rajeev Kumar and Vikash Sharma. Upon search
of Rohit Kumar two country made pistol and two live cartridges
of 0.315 bore were recovered, accordingly, seizure list was
prepared.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case and it
appears from the FIR and seizure list that nothing has been
recovered from the conscious possession of the petitioner and
recovery has been made from co-accused person, namely, Rohit
Kumar and two country made pistol and two live cartridges
were recovered from the possession of Rohit Kumar and as per
the allegation as alleged in the FIR, the apprehended co-accused
person, namely, Rohit Kumar has disclosed that the petitioner
was present at the place of occurrence but he managed to escape
and petitioner is in custody since 23.06.2025.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that petitioner is named in the
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FIR and apart from that petitioner has antecedent of eight cases
other than the present case but fairly submits that petitioner is
on bail in all the pending matters.
6. Considering the aforesaid facts and circumstances,
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 Chief
Judicial Magistrate, Vaishali at Hajipur in connection with
Bidupur P.S. Case No. 484 of 2024, 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
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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)
Gaurav Sinha/-
U T
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