Patna High Court
Ravikant @ Chhotu Sharma @ Ravikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Ravikant Sharma, was arrested in a case registered under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, concerning the theft of a car. The prosecution alleged that four persons, including the petitioner, confessed to the crime, though no incriminating material was recovered from the petitioner. The petitioner, who has been in judicial custody since June 2025 and has eight pending criminal cases, sought regular bail, arguing innocence and noting that two co‑accused had already been granted bail. The State opposed the bail application. The High Court, after considering the facts and submissions, granted regular bail on a cash bond of Rs.10,000 with two sureties, imposing conditions such as cooperation with the trial, regular appearance before the police, and restrictions on tampering with evidence. The application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 despite alleged confessions and multiple pending cases.
- Whether the conditions imposed by the court are appropriate for granting bail in a serious offence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
Subjects
- regular bail
- Section 303(2)
- Bharatiya Nyaya Sanhita
- criminal procedure
- confession
- pending criminal cases
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4576 of 2026
Arising Out of PS. Case No.-267 Year-2025 Thana- RAJIVNAGAR District- Patna
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Ravikant @ Chhotu Sharma @ Ravikant Kumar Son of Jayram Sharma
Resident of Vill -Rukanpura PO- Jaytipur Kurua PS -Ghosi Dist -Jehanabad,
Pin Code- 804432.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivendra Prasad, Advocate
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Rajiv Nagar P.S.
Case No. 267 of 2025 dated 02-05-2025 registered under
Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the
informant’s son purchased an Indica car on 09.03.2025 which
was stolen near his house on 01.05.2025 at night by unknown
thieves.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that during the course of
investigation, four persons, including the petitioner, were
Patna High Court CR. MISC. No.4576 of 2026(2) dt.28-01-2026
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arrested by the police and all four allegedly confessed their
guilt. Learned counsel further submits that two of the co-
accused, namely Ravikant Kumar @ Chhotu Sharma and
Gaurav Kumar have already been granted regular bail by
different Co-ordinate Benches of this Court vide orders dated
21.01.2026 and 15.01.2026 in Cr. Misc. Nos. 78413 of 2025 and
1020 of 2026, respectively. It is submitted that no incriminating
articles have been recovered either from the conscious
possession of the petitioner or from his house. Lastly, it is
submitted that the petitioner has been in judicial custody since
23.06.2025 and has eight criminal cases pending against him.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM-II, Patna or
concern Court, in connection with Rajiv Nagar P.S. Case No.
267 of 2025, subject to the following conditions: (i) that the
petitioner shall co-operate in the trial and shall be properly
represented on each and every date fixed by the Court and on
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his absence on two consecutive dates without sufficient reason,
his bail bond shall be cancelled by the court below, (ii) that one
of the bailors will be his own blood relation, preferably father,
mother, brother, sister and or his wife, (iii) that the bailor shall
also state on affidavit that he will inform the court concerned if
the petitioner is made accused in any other case of similar
nature after his release in the present case and thereafter the
court below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse (iv) that 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 and (v) that the petitioner will appear before the SHO of
concerned PS in the first week of each month till the framing of
charge in this case.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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