Created by Fuzzy Cloud

Patna High Court

Ravindra Kumar @ Ravindra PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.38043 of 2026(2) dt.17-06-2026
                                            3/4




          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
             Patna High Court CR. MISC. No.38043 of 2026(2) dt.17-06-2026
                                                         4/4




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.