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Patna High Court

Ravish Kumar @ Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
               Patna High Court CR. MISC. No.3208 of 2026(2) dt.20-01-2026
                                                           3/3




                         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)

U          T


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