Patna High Court
feku Ravidas @ Feku DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application and granted regular bail to the petitioner.
Summary
The petitioner, Feku Ravidas, was arrested in connection with a FIR naming fifteen persons for alleged offences under multiple sections of the Bihar Negotiable Substances Act, 2023, including assault and offences relating to causing death. He is alleged to be the principal assailant who struck the deceased with a stone, and has been in custody since 14 July 2025. The petitioner contended that the post‑mortem report showed only a single injury with no fracture and that the victim died twelve days after the incident, arguing that this negates the applicability of section 103 of the Act. The State opposed the bail application, asserting the seriousness of the charges. The Court, after considering the medical report and the elapsed time before death, granted regular bail on a bond of Rs. 10,000 with two sureties, subject to conditions of appearance. The order expressly limited its observations to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with multiple offences including those under sections 191, 190, and 103 of the B.N.S., 2023
- Whether the death of the victim after twelve days negates the offence under section 103 of the B.N.S., 2023
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 103, 109(1), 115(2), 117(2), 118(2), 126(2), 190, 191(2), 191(3), 351, 351(2), 351(3), 352, 74
Subjects
- regular bail
- criminal procedure
- Bihar Negotiable Substances Act
- post‑mortem report
- section 103
- assault
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28246 of 2026
Arising Out of PS. Case No.-47 Year-2025 Thana- RAMPUR District- Gaya
======================================================
Feku Ravidas @ Feku Das Son of Prasad Ravidas @ Prasad Das Resident of
Village- Samir Takiya, P.S.- Rampur, District- Gaya Jee.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Aryan Singh, Advocate
For the Opposite Party : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor appearing on behalf of the
State.
2. The petitioner seeks regular bail in
connection with Sessions Trial No.1202 of 2025, arising out of
Rampur P.S. Case No.47 of 2025 registered for the offence
under sections 191(2), 191(3), 190, 126(2), 115(2), 118(2),
117(2), 74, 109(1), 352, 351(2), 351 and 351(3) of the B.N.S.,
2023.
3. Fifteen persons including the petitioner are
named in the F.I.R. The petitioner is alleged to be the main
assailant, who is said to have hit the deceased with stone.
4. The petitioner is in custody since 14.07.2025
having clean antecedent.
Patna High Court CR. MISC. No.28246 of 2026(3) dt.02-07-2026
2/3
5. Learned counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. He further submits that from the postmortem report, it
appears that the deceased had sustained only one injury but no
fracture has been detected in the postmortem report.
6. Learned counsel for the petitioner also
submits that the deceased had died after 12 days of the alleged
occurrence and therefore, the offence under section 103 of the
B.N.S. is not made out against the petitioner.
7. Learned APP for the State has vehemently
opposed the prayer of the petitioner for grant of bail.
8. I have considered the submissions of the
parties.
9. Considering the postmortem report of the
deceased and also the fact that the deceased died after 12 days
of alleged occurrence together with the custody of the petitioner,
which is from 04.07.2025, this bail application is allowed.
10. 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 Additional Sessions Judge, XVI, Gaya ji / concerned
Court below, in connection with Sessions Trial No.1202 of
Patna High Court CR. MISC. No.28246 of 2026(3) dt.02-07-2026
3/3
2025, arising out of Rampur P.S. Case No.47 of 2025, subject to
the condition that he will cooperate in the trial and will appear
himself or through his advocate on each and every date fixed in
the trial. Failure to appear in the trial on two consecutive dates,
will result in cancellation of the bail bonds of the petitioner by
the Court below.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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