Patna High Court
Ravindra Kumar @ Ravindra PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that in the absence of a specific allegation against the petitioner for the homicide, bail may be granted subject to conditions.
Summary
The petitioner, Ravindra Kumar, was named among 14 accused in FIR No. 142/2026 for alleged assault and homicide under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that three co‑accused attacked the informant’s brother, Vijay Patel, who later died, while the petitioner was only alleged to have assaulted the informant. The petitioner’s counsel argued that there is no specific allegation against him for the homicide, that the FIR is omnibus, and that he is merely a sympathizer, seeking bail. The informant and the State opposed bail, contending collective assault and the need for the case diary. The Court, noting the absence of a direct charge against the petitioner for the death and considering the circumstances, granted bail subject to a bond and conditions under Sections 2(1)(d) and 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the petitioner can be granted bail despite being named in an FIR for multiple offences including homicide.
- Whether the lack of a specific allegation against the petitioner for the death of the deceased warrants bail.
- Whether the case diary must be produced before granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 118(1), 126(2), 2(1)(d), 329(3), 3(5), 352, 482(2), 61(2), 76
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- anticipatory bail
- case diary
- assault
- homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38043 of 2026
Arising Out of PS. Case No.-142 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Ravindra Kumar @ Ravindra Patel Son of Late Jaypal Kurmi R/O Village -
Bhitaha, Mathiya, P.S. - Bairiya, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner is apprehending arrest in connection
with Bairiya P.S. Case No. 142 of 2026 lodged on 20.03.2026,
for the offence punishable under Sections 329(3), 126(2), 352,
115(2), 118(1), 109(1), 103(1), 76, 61(2) & 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
14 named accused persons including the present petitioner. The
allegation against the 14 named accused persons is that they
have surrounded the informant and started abusing. Upon
request not to do so, then accused Abha Devi came with bhala
and barchhi. The specific allegation is against 3 named accused
persons namely, Abhay Patel, Suresh Patel and Abha Devi to
Patna High Court CR. MISC. No.38043 of 2026(2) dt.17-06-2026
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attack on the brother of the informant namely, Vijay Patel, who
died by the said injury on the way to the hospital. The allegation
against rest other accused persons is that they have assaulted the
informant and his family members due to which, injuries have
been caused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the death of the brother of the informant was
caused by the attack of 3 named accused persons namely, Abhay
Patel, Suresh Patel and Abha Devi. Against the present
petitioner, there is no allegation of assaulting the deceased,
rather, there is allegation to assault the informant due to which
injury has been caused. He further submits that the injury was
not placed on record either before the Sessions Court or by the
informant who present here. He submits that actually no injury
has been caused and the injury which was in the case diary has
already been discussed in the rejection order and only injury has
been found on the deceased namely, Vijay Patel by bhala and
barchhi. Counsel further submits that the petitioner is a co-
villager and sympathizer of his family. It is due to this reason,
he has been made accused in the present case. Counsel submits
that the allegation in the FIR is general and omnibus in nature
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against the present petitioner and there is no whisper of
assaulting the deceased. He further submits that the criminal
antecedent of the petitioner is not clean, as there are 2 cases
pending against him, but in both the cases, he is on bail.
5. Learned counsel for the informant vehemently
opposes the prayer for bail and submits that it is true that the
assault has not been made by the petitioner to the deceased, but
it is also true that collectively, petitioner along with other
accused persons have assaulted the informant. Therefore, case
diary may be called for.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that in Cr. Misc. No. 38326 of
2026, anticipatory bail application filed by other co-accused
person namely Ajay Patel, the Co-ordinate Bench of this Court
has called for the case diary.
7. In response thereof, learned counsel for the
petitioner immediately submits that the said Ajay Patel is the
brother of the deceased, whereas, the present petitioner is a
stranger and he is not the family member. He is only a
sympathizer.
8. As such, in the present facts and circumstances of
this case considering that there is no specific allegation against
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the present petitioner to assault the deceased, let the above
named petitioner be released on bail, in the event of arrest or
surrender before the Trial Court within a period of 4 weeks from
today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty
Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S.,
2023 to the satisfaction of Judicial Magistrate 1 st Class, Bettiah,
West Champaran, in connection with Bairiya P.S. Case No. 142
of 2026, subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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