Patna High Court
Shivdatt Ravidas @ Shivdat RavidasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the bail application, refusing to grant regular bail to the petitioner.
Summary
The petitioner, Shivdatt Ravidas, applied for bail in a case registered under Sections 126(2), 115(2), 103(1), 352 and 351 of the Bharatiya Nyaya Sanhita, alleging assault and murder. He claimed innocence and highlighted that six witnesses examined did not support the prosecution. The State and the informant opposed bail, emphasizing the seriousness of the charges and that the trial had commenced. The court, relying on the Supreme Court’s decision in X vs State of Rajasthan & Anr (2024), found no justification to grant regular bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted in a case involving serious offences under the Bharatiya Nyaya Sanhita
- Whether the Supreme Court precedent in X vs State of Rajasthan & Anr (2024) precludes regular bail in such circumstances
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 115(2), 126(2), 351(20), 351(3)(5), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- serious offences
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42660 of 2025
Arising Out of PS. Case No.-17 Year-2025 Thana- KORHA District- Katihar
======================================================
Shivdatt Ravidas @ Shivdat Ravidas Son of Vishnu Ravidas @ Vishnu Dev
Ravidas Village- Rampur Ward No 5 P.s -Korha District -Katihar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
For the State : Mr.Pushpa Sinha.1, APP
For the Informant : Mr. Sarmendra Kumar Paswan, Advocate
Mr. Amar Kumar, Advocate
Ms. Deepshikha, Advocate
Mr. Suraj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 24-03-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Korha
P.S. Case No. 17 of 2025 registered for the offence punishable
under Sections 126(2), 115(2), 103(1), 352, 351(20 and 3(5) of
the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and killing the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner is in custody since 13.01.2025. He further submits
that six witnesses have been examined and they have not
Patna High Court CR. MISC. No.42660 of 2025(7) dt.24-03-2026
2/2
supported the prosecution case.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail
and submitted that the trial has started and the allegations
levelled against the petitioner is of a serious nature; therefore,
the petitioner does not deserve the bail.
6. Considering the aforesaid facts and circumstances
of the case and the law laid down by the Hon’ble Supreme
Court in the case of X vs State of Rajasthan & Anr, 2024 SCC
OnLine SC 3539, this Court is not inclined to grant regular bail
to the petitioner.
7. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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