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Patna High Court

Ravi Shankar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that in the absence of any incriminating material and with only a co‑accused’s disclosure, the petitioner is entitled to anticipatory bail.

Summary

The petitioner, Ravi Shankar Kumar, sought anticipatory bail fearing arrest in a robbery case (Fatuha P.S. Case No. 657 of 2020) under Section 392 IPC. The prosecution alleged that a tempo was stolen by four unknown persons and the petitioner was implicated solely on the basis of his prior criminal antecedents and a mention by co‑accused Rahul @ Vikky. The petitioner argued that no incriminating material was recovered from him and that the FIR was against unknown persons. The State opposed bail, citing the petitioner’s two similar prior offences. The Court, noting the lack of material evidence and that the only link was the co‑accused’s disclosure, granted anticipatory bail with conditions under Section 482(2) of the BNSS, requiring a bail bond, sureties, and compliance with several behavioural conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite prior similar criminal antecedents?
  • Whether a mere mention by a co‑accused in the absence of material evidence suffices to deny anticipatory bail?
  • Whether the FIR against unknown persons can be used to justify the petitioner’s arrest?

Legislation cited

Subjects

  • anticipatory bail
  • robbery
  • section 392 IPC
  • criminal antecedent
  • bail conditions
  • co‑accused disclosure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27477 of 2026
                         Arising Out of PS. Case No.-657 Year-2020 Thana- FATUA District- Patna
                 ======================================================
                 Ravi Shankar Kumar, Son of Ratan Paswan, R/o Beldarichak, P.S.-
                 Gaurichak, Patna
                                                                  ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N A Shamsi, Adv.
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   13-05-2026                    Heard Mr. N. A. Shamsi, learned counsel for the

                   petitioner and learned APP for the State.

                                2. The petitioner is apprehending her arrest in

                   connection with Fatuha P.S. Case No. 657 of 2020 for the

                   offence punishable under sections 392 IPC lodged on

                   13.09.2020 by the informant.

                                3. As per the prosecution case, the tempo bearing

                   Registration No. BR 01PJ 6553 has allegedly been snatched by

                   four unknown criminals.

                                4. Learned counsel for the petitioner submits that the

                   FIR is against unknown and the petitioner has falsely been

                   implicated in this only on the basis his criminal antecedent as he

                   was taken into custody in Fatuha P.S. Case No. 02 of 2021

                   registered under Sections 411 and 414 of the Penal Code, along

                   with section 251 (1-b) a, 26 and 35 of the Arms Act. It has
Patna High Court CR. MISC. No.27477 of 2026(3) dt.13-05-2026
                                            2/3




          further been stated that except the confession statement of co-

          accused, namely, Rahul @ Vikky who has disclosed his name

          during the course of investigation, nothing incriminating is said

          to have been recovered from the constructive possession of the

          petitioner. It has further been fairly submitted that the petitioner

          has got two criminal antecedent being similar in nature but in

          both of the cases, as mentioned in para-3 of the instant petition,

          is on bail.

                        5. On the contrary, learned APP vehemently opposed

          the prayer for anticipatory bail by submitting that the petitioner

          has got two similar nature of criminal antecedents under his

          belt.

                        6. Considering the fact that name of the petitioner has

          come on the disclosure of one co-accused Rahul @ Vikky while

          nothing incriminating is said to have been recovered from the

          petitioner, this Court is inclined to extend him the privilege of

          anticipatory bail.

                        7. Let the petitioner, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) with two sureties of like amount

          each to the satisfaction of A.C.J.M., Patna City in connection
           Patna High Court CR. MISC. No.27477 of 2026(3) dt.13-05-2026
                                                       3/3




                     with aforesaid PS Case, subject to the conditions as laid down

                     under Section 482(2) of the BNSS as well as the following

                     conditions:-

                                                        (i) one of the bailors should be the
                                             family member/relative of the petitioner(s)
                                             who shall provide official document to show
                                             his/her bona fide;
                                                        (ii) the petitioner(s) shall appear
                                             on each and every date before the Trial
                                             Court and failure to do so for two
                                             consecutive dates without plausible reason
                                             will entail cancellation of his bail bond by
                                             the Trial Court itself;
                                                        (iii) the petitioner(s) shall in no
                                             way try to induce or promise or threat the
                                             witnesses or tamper with the evidences,
                                             failing which the State shall be at liberty to
                                             take steps for cancellation of the bail bonds;
                                                        (iv) the petitioner(s) shall desist
                                             from committing any criminal offence again,
                                             failing which the State shall be at liberty to
                                             take steps for cancellation of his bail bonds.



                                                   (Ajit Kumar, J)
Perwez/suryadev

U      T


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