Patna High Court
Ravish kumar @ Manish Kumar @ Tusi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Ravish Kumar, was arrested on 6 December 2025 in connection with a police case involving alleged robbery and possession of illegal firearms. The prosecution’s case is based on statements and recovered weapons from co-accused Dheeraj Kumar and Akash Kumar, with no direct evidence linking the petitioner to the crime. The petitioner contended that he was falsely implicated and that the only material evidence pertained to the co-accused. The State opposed bail, citing the petitioner’s two prior criminal cases. The High Court, after considering the lack of direct evidence and the petitioner’s claim of false implication, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and disclosure of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under Sections 310 of the BNS and the Arms Act.
- Whether the petitioner’s alleged false implication and lack of direct evidence warrant bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5)
Subjects
- bail
- false implication
- arms possession
- criminal antecedent
- Section 310
- Arms Act
- high court
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32784 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- PANDARAK District- Patna
======================================================
Ravish kumar @ Manish Kumar @ Tusi Kumar son of Bharat Yadav Resident
Of Village- Gowasa Shekhpura, Ps- Pandarak, Dist- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bhim Sen Prasad
For the Opposite Party/s : Mr. Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Bhim Sen Prasad, learned counsel for the
petitioner and Mr. Arun Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.12.2025 in connection with Pandarak P.S. Case No. 188 of
2025 for the offences punishable under Sections 310(4), 310(5)
of the BNS and Sections 25(1-B)(a), 26 and 35 of Arms Act.
3. The case of the prosecution, in brief that informant
namely Nawneet Ray present A.S.I. Pandarak Police Station that
today on 24.10.2025 at about 3.00 P.M. at Sarhan Tal his self
statement has been recorded that on 24.10.2025 I had left for
area visit and intelligence gathering alongwith police officers of
the police station, Sub-Inspector Akhilesh Kumar, A.S.I.
Dharmendra Kumar SI7631 Manikant Yadav and BHG 351012
Patna High Court CR. MISC. No.32784 of 2026(2) dt.13-05-2026
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Santosh Bhagat, during area visit and intelligence gathering at
about 13.30 P.M. secret information was received that 5-6
criminals are gathered with weapons in the Tal area on the bank
of along near Sashan Pump House and are planning to commit a
crime. After informing the Senior Officer for verification of this
information and necessary action, he left for Sarhan and when
he reached the tal area on the banks of along near Sarhan Pump
House at about 14.20, he saw that six persons were sitting on a
scaffolding who get frightened on seeing the police force and
started running. While running away, two persons were caught
with the help of the police force and four persons managed to
escape by taking advantage of the bushes and water filled pits
nearby on asking the name and address of both the arrested
persons, they gave their names respectively as (1) Dhiraj
Kumar, aged about 36 years, Son of Late Arvind Yadav, (2)
Aakesh Kumar, aged about 20 years, Son of Dahau Yadav, both
resident of Village- Gowasa Shekhpura, P.S.- Pandarak, District-
Patna and the names of three persons who ran away from the
arrested persons were given as (3) Rahul Kumar @ Ravi
Ranjan, Son of Surendra Yadav, (4) Rakesh Kumar @ Briteniya,
Son of Suro Yadav, (5) Tusi Yadav, Son of Bharat Yadav, (6)
Mantu Kumar, Son of Siya Ram Yadav, all resident of Gowasa
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Shekhpura, Gherapar, P.S.- Pandarak, District- Patna and told
that they are friend on a questioning to two arrested persons,
these people told that we had gathered to commit robbery and
were planning to job, thereafter we searched for independent
witnesses but due to it being a deserted place, no independent
witness was available, then with the help of police force. While
conducting a search of the entire team of police force, S1-7631
Manikant Yadav and BHG 351012 Santopsh Bhagat, the
arrested persons were duly searched one by one and (1) Dheeraj
Kumar a loaded country made pistol of iron tucked in his jeans
on the left side of his waist, whose total length including butt,
barrel and body is fourteen inches of whose butt a wooden
handle is attached and two live cartridges and one empty shell,
four thousand rupees and are old and raid mobile were
recovered from the right pocket of the jeans and other arrested
persons Akash Kumarwas found on country made pistol and one
live cartridges and feathered pulps was recovered from
possession of Akash Kumar.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case on the
basis of disclosure made by apprehended co-accused persons,
namely, Dheeraj Kumar and Akash Kumar and recovery has
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been made from the possession of the co-accused person and
except the aforesaid nothing has come to suggest the
involvement of the petitioner with the present occurrence and
police after investigation has submitted charge-sheet and
petitioner is in custody since 06.12.2025.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of two cases other than
the present case.
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 ACJM-
1st, Barh, Patna in connection with Pandarak P.S. Case No. 188
of 2025, 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
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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
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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