Patna High Court
Ravindra Kumar @ Ravindra YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that the evidence against him was insufficient to justify continued detention.
Summary
The petitioner, Ravindra Kumar, sought bail in a case registered under Section 395 of the Indian Penal Code for alleged dacoity involving the theft of a truck and its contents. The prosecution alleged that the petitioner was part of a group that overpowered the informant's truck and seized the vehicle and a mobile phone. The petitioner claimed innocence, stating that the FIR was lodged against unknown miscreants and that the only evidence against him was a confessional statement by a co-accused, with no material recovered from him. The State opposed bail, emphasizing the seriousness of the offence. After hearing both sides, the Court found the lack of substantive evidence sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a case under Section 395 IPC given the nature of the alleged offence and the evidentiary material.
- Whether the confessional statement of a co-accused, without any recovered property, is sufficient ground to deny bail.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- Section 395 IPC
- dacoity
- confessional statement
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5005 of 2026
Arising Out of PS. Case No.-273 Year-2018 Thana- DULHIN BAZAR District- Patna
======================================================
Ravindra Kumar @ Ravindra Yadav, S/o Ganesh Yadav, Resident of Village-
Kidui, P.S.- Paras Bigha, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheonandan Pandit, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Dulhin Bazar P.S. Case No. 273 of 2018 registered for the
offence punishable under Section 395 of I.P.C.
3. The case of the prosecution, in short, is that
informant is a driver of a truck and after loading Soyabeans to
the tune of 27.380 tone on a trcuk proceeded to its destination
from Begusarai. When the truck reached at Pali road at that time
one unknown truck bearing 12 wheels overtook and
overpowered the truck of the informant. Seven persons came
down and boarded in the truck of the informant, snatched his
mobile and truck.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.5005 of 2026(2) dt.04-02-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. The F.I.R. was lodged against unknown miscreants.
During course of investigation, one co-accused Sudhir Kumar
has given his confessional statement and the name of this
petitioner has surfaced in his confessional statement. Nothing
has been recovered from his possession. Save and except the
confessional statement, there is nothing against him. He is
languishing in judicial custody since 23.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned A.D.J.-
VI, Danapur in connection with Dulhin Bazar P.S. Case No. 273
of 2018.
(Ashok Kumar Pandey, J)
lata/-
U T
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