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Patna High Court

Ravi Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the allegations were based solely on suspicion without substantive evidence linking him to the offence.

Summary

The petitioner, Ravi Ranjan Kumar, was named in an FIR for offences under Sections 317(5), 338, 336(3) and 61(2) of the Bihar Penal Code, based primarily on the statement of a co‑accused who claimed the petitioner had supplied a stolen motorcycle. The co‑accused, Kulesh Kumar, was found in possession of the stolen vehicle and alleged that the petitioner, his cousin, provided it, citing a family enmity as motive. The petitioner’s counsel argued that the FIR merely reflected the co‑accused’s personal animus and that no documentary evidence linked the petitioner to the stolen motorcycle, which had already been recovered from the co‑accused. The State opposed bail, contending that the allegations were serious. The Court held that the recovery of the motorcycle did not prima facie connect the petitioner to the crime and that the implication rested solely on suspicion arising from the co‑accused’s statement. Consequently, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether the petitioner is entitled to bail when the only basis of accusation is a co‑accused’s statement and no material evidence links him to the stolen motorcycle
  • Whether Section 482(2) of the Code of Criminal Procedure permits the grant of bail in the present circumstances

Legislation cited

Subjects

  • bail
  • suspicion
  • co‑accused statement
  • Section 482
  • criminal procedure
  • theft
  • motorcycle
  • family enmity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39539 of 2026
                     Arising Out of PS. Case No.-121 Year-2025 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Ravi Ranjan Kumar S/O Arun Singh R/O Vill -Sarathua, P.S- Udwantnagar,
                 District- Bhojpur
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bhawana Jha
                 For the Opposite Party/s :       Mr.Rajendra Nath Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   18-06-2026                   Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Ara Town P.S. Case

                   No. 121 of 2025 registered for the offences punishable under

                   Sections 317(5), 338, 336(3) and 61(2) of the BNS.

                                3. As per FIR, one of the co-accused Kulesh Kumar

                   was found in possession of one stolen motorcycle, who upon

                   arrest disclosed the name of this petitioner, who provided him

                   said motorcycle. It is said by arrested co-accused that petitioner

                   is cousin brother (mausera bhai).

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that FIR on its face suggests that

                   petitioner is relative of apprehended co-accused and being cousin

                   brother, both families were in enmical terms and out of said

                   enmity his name was taken by Kulesh Kumar. It is submitted that

                   stolen motorcycle was recovered from the possession of Kulesh

                   Kumar. It is pointed out that no documents in support of
               Patna High Court CR. MISC. No.39539 of 2026(2) dt.18-06-2026
                                                           2/2




                         allegation that motorcycle was provided by this petitioner was

                         ever supplied by apprehended co-accused to police and,

                         therefore, merely on the basis of statement arising out of

                         previous enmity this petitioner was implicated with the present

                         case, otherwise he is a man of clean antecedent.

                                       5. Learned APP opposes the prayer of bail.

                                       6. In view of aforesaid factual submission and by

                         taking note of fact as recovery of stolen motorcycle prima-facie

                         not appears to be connected in any manner with petitioner, where

                         implication appears only on the basis of suspicion out of

                         disclosure     made      by    apprehended           co-accused,   accordingly

                         petitioner above-named, in the event of his arrest or surrender

                         before the court below within a period of four weeks, is directed

                         to be released on bail,          furnishing bail bond of Rs. 10,000/-

                         (Rupees Ten Thousand) with two sureties of the like amount each

                         to the satisfaction of the learned ACJM, Bhojpur at Ara/concerned

                         Court, where the case is pending in connection with Ara Town

                         P.S. Case No. 121 of 2025, subject to the conditions as laid

                         down under Section 482(2) of BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-
U       T


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