Patna High Court
Ravi kumar @ Ravi Ranjan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to both petitioners subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioners, Ankush Kumar and Ravi Kumar, were arrested in connection with a police case involving alleged firing and possession of spent cartridges, and were charged under several sections of the Indian Penal Code and Section 27 of the Arms Act. The prosecution’s case was based on police information and the presence of cartridges near vehicles, but no eyewitnesses, identification parade, or material directly linking the petitioners to the alleged offences were presented. The petitioners contended that they were falsely implicated and that the allegations were vague, seeking bail after being in custody since 2 November 2025. The State opposed the bail application. Considering the lack of specific evidence, the prolonged custody, and the petitioners’ circumstances, the court ordered their release on bail with a bond of Rs.10,000 each and imposed conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioners in view of the vague allegations and lack of concrete evidence
- Whether the period of pre‑trial custody justifies the grant of bail
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 109(1), 115(2), 118(2), 126(2), 190, 191(2), 191(3), 352
Subjects
- bail
- pre‑trial detention
- insufficient evidence
- Indian Penal Code
- Arms Act
- Section 480(3) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3413 of 2026
Arising Out of PS. Case No.-852 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Ankush Kumar Son of Santosh kumar Resident of Suryadev Nagar, P.S. -
Sasaram(Town), District - Rohtas, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3454 of 2026
Arising Out of PS. Case No.-852 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Ravi Kumar @ Ravi Ranjan Kumar Yadav Son of Shushil Singh Resident of
Mohalla - Geeta Ghat Colony Fazal Ganj Sasaram, P.S. - Sasaram(Town),
District - Rohtas, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 3413 of 2026)
For the Petitioner/s : Ms. Deeksha Singh, Adv.
Mr.Deep Shekhar, Adv.
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 3454 of 2026)
For the Petitioner/s : Ms. Deeksha Singh, Adv.
Mr.Deep Shekhar, Adv.
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 As both the matters arise out of same P.S. case
number, they are taken up together and are being disposed of
vide a common order.
02. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
Patna High Court CR. MISC. No.3413 of 2026(2) dt.28-01-2026
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03. In the present case, the petitioners seek bail in
connection with Sasaram (Town) P.S. Case No. 852 of 2025,
registered for the offences under Sections 191(2), 191(3), 190,
126(2), 115(2), 118(2), 109(1), 352 of the BNS and Section 27
of the Arms Act.
04. As per the prosecution case, police received
information about two groups indulging in firing. The informant
with her police party reached the spot and found two cars
parked there. Some spent cartridges and pellets were found near
the car as well as in one of the vehicles. The police on inquiry
came to know about the petitioners who were involved along
with other co-accused persons in the aforesaid occurrence.
05. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the said case. There
is no specific allegation against the petitioners for any overt act.
There is no eye witness or independent witness to support the
prosecution case against the petitioners. No Test Identification
Parade has been conducted. Nothing incriminating has been
recovered from person or possession of these petitioners. There
is no material to show the involvement of the petitioners in the
whole occurrence. Petitioner Ankush Kumar is having
antecedent of one case in which he is on bail and petitioner Ravi
Patna High Court CR. MISC. No.3413 of 2026(2) dt.28-01-2026
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Kumar is having clean antecedent. Petitioners are in custody
since 02.11.2025.
06. Learned A.P.P. appearing for the State opposes the
submission made on behalf of the petitioners.
07. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
vague nature of allegation against the petitioners and period of
custody of the petitioners, the petitioners are directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned CJM,
Sasaram/concerned court, in connection with Sasaram (Town)
P.S. Case No. 852 of 2025, subject to the condition laid down
under Section 480(3) of the BNSS and other following
conditions:
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
Patna High Court CR. MISC. No.3413 of 2026(2) dt.28-01-2026
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consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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