Patna High Court
Ravish Kumar @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and stipulated conditions.
Summary
Ravish Kumar was arrested on 3 August 2025 in connection with a Bypass police case (No. 392 of 2025) for alleged offences under Section 309(4) of the Bihar Narcotic Substances Act. He contended that he was falsely implicated, that his name does not appear in the FIR, and that the only link to him is a mobile phone purchased in 2019, with no other material evidence. The petitioner, represented by counsel Deepak Kumar, highlighted his clean antecedent and the lack of any investigative findings or TIP against him. The State, through APP Shailendra Kumar Singh, opposed bail. The court, noting the absence of substantive evidence, the petitioner’s clean record, and the reliance on secret information, ordered his release on bail with a bond of Rs.10,000 and specific conditions for appearance and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the allegations under Section 309(4) of the Bihar Narcotic Substances Act.
- Whether the lack of material evidence and the reliance on secret information justify granting bail.
- Whether the petitioner’s clean antecedent and the fact that his name is not mentioned in the FIR affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(4)
Subjects
- bail
- false implication
- secret information
- clean antecedent
- Section 309(4)
- Bihar Narcotic Substances Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3208 of 2026
Arising Out of PS. Case No.-392 Year-2025 Thana- BYPASS District- Patna
======================================================
Ravish Kumar @ Ravi Kumar Son of Jagat Singh R/o Village - Marchi, P.S. -
Bypass, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Deepak Kumar, learned counsel for the
petitioner and Mr. Shailendra Kumar Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
03.08.2025, in connection with Bypass P.S. Case No. 392 of
2025, F.I.R. dated 3.07.2025 registered for the offences
punishable under Sections 309(4) of the B.N.S.
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.3208 of 2026(2) dt.20-01-2026
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petitioner has not committed any offence as alleged in the F.I.R.
In fact, the petitioner is not named in the F.I.R. and the name of
the petitioner has been transpired on the basis of secret
information. Although, one mobile phone has been recovered
from the possession of the petitioner but the said mobile is in the
name of the petitioner which he had purchased on 28.10.2019
and except the secret information, no other cogent material has
come during investigation to suggest the involvement of the
petitioner in the present occurrence and till date no TIP was
conducted by the prosecution. He further submits that the police
after investigation submitted chargesheet against the petitioner
and the petitioner is in custody since 03.08.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
name of the petitioner has been transpired on the basis of secret
information and nothing has been recovered from the possession
of the petitioner, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
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satisfaction of learned Judicial Magistrate 1st Class, Patna City,
Patna in connection with Bypass P.S. Case No. 392 of 2025,
subject to the following conditions :-
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, the court below shall take step for
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.
Ibrar//- (Rajesh Kumar Verma, J)
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