Patna High Court
Ravi Shankar kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the petitioner’s alleged involvement is based solely on a co-accused’s confession and no material evidence has been recovered.
Summary
Ravi Shankar Kumar was implicated in an FIR (Case No.169 of 2025) for offences under Section 310(2) of the BNS, based solely on the confessional statement of a co-accused, Randhir Kumar, with no material recovered from his possession. The petitioner contended that the allegations were fabricated and that there was no direct evidence linking him to the alleged loot. The State opposed bail, noting the petitioner’s involvement in two other cases, though he was already on bail in those matters. The court observed that the only basis for the accusation was the co-accused’s confession and that no tangible evidence was found against the petitioner. Consequently, the court granted bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, including cooperation with the trial and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the only evidence against the petitioner is a co-accused’s confessional statement.
- Whether the petitioner’s prior cases affect the grant of bail in the present matter.
Legislation cited
- Bihar Negotiable Substances (BNSS) Act, 2023 — s. 482(2)
- Bihar Penal Code (BNS) — s. 310(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- confessional statement
- false implication
- Section 310
- Criminal Procedure
- BNSS
- verification of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39562 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- VIDYAPATINAGAR District-
Samastipur
======================================================
Ravi Shankar Kumar S/O Upendra Ray Resident of Village- Dumari Dakshni,
Police Station- Mohanpur, Distt- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr.Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 02-07-2026 Heard Mr.Pramod Kumar Singh, learned counsel for
the petitioner and Mr.Prem Kumar Jha, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Vidyapati Nagar P.S.Case No.169 of 2025,FIR
dated 10.11.2025 registered for the offences punishable under
Section 310(2) of BNS.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case. The
allegation as alleged in the FIR is false and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
The name of the petitioner has been transpired during
investigation on the basis of the confessional statement of co-
Patna High Court CR. MISC. No.39562 of 2026(2) dt.02-07-2026
2/3
accused person, namely, Randhir Kumar and nothing has been
recovered from conscious possession or the house of the
petitioner and except the confessional statement of the co-
accused, nothing has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner. Further submits
that the petitioner carries two more cases other than the present
one but fairly submits that the petitioner is on bail in both the
cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, nothing has been
recovered from conscious possession or the house of the
petitioner and the name of the petitioner has been transpired
during investigation on the basis of the confessional statement
of co-accused person, let the petitioner, above named, in the
event of his arrest or surrender before the court below within a
period of thirty days from the date of receipt of the order, 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 learned A.C.J.M.-II, Dalsinghsarai, Samastipur in
connection with Vidyapati Nagar P.S.Case No.169 of 2025,
Patna High Court CR. MISC. No.39562 of 2026(2) dt.02-07-2026
3/3
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure/Section 482(2) of the
BNSS,2023 and with other 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/her absence on two consecutive dates without sufficient
reason, his/her 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 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/her
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)
Nitesh/-
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