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Patna High Court

Ratnesh Kumar @ Golu @ Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to bond and conditions, under its inherent powers under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioner, Ratnesh Kumar, applied for bail in a criminal case (Mufassil P.S. Case No. 552 of 2025) alleging offences under Sections 191(2), 126(2), 115(2), 109, 191(3) of the B.N.S.S., 2023 and Section 27 of the Arms Act, stemming from a purported firing in a land‑dispute. He contended that no firing occurred, no cartridges were recovered, and he has no prior criminal record, asserting that he was falsely implicated. The petitioner also highlighted that a co‑accused had been granted anticipatory bail in a related matter. The State opposed the bail application. The High Court, applying its inherent powers under Section 482(2) of the B.N.S.S., 2023, allowed the bail petition, directing that the petitioner be released on bail upon arrest or surrender, subject to a Rs.10,000 bond with two sureties and specific conditions regarding concealment of antecedents or false statements.

Issues considered

  • Whether the petitioner is entitled to bail in view of the alleged offences and the circumstances of the case
  • Whether the petitioner’s claim of innocence and lack of criminal antecedents warrants bail
  • Whether the court can exercise its inherent powers under Section 482(2) of the B.N.S.S., 2023 to grant bail

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Section 482
  • B.N.S.S. 2023
  • Arms Act
  • land dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.598 of 2026
                     Arising Out of PS. Case No.-552 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Ratnesh Kumar @ Golu @ Golu Kumar S/O Bijendra Singh @ Bejendra
                 Singh, R/O Village- Chulahi Bigha, P.S- Wazirganj, Distt.- Gaya at present
                 R/O Mohalla- North Lakhibagh, Janakpur, P.S- Mufassil, Dist.- Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shailesh Kumar, Advocate
                 For the State           :        Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   28-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Mufassil P.S. Case No. 552 of 2025, dated

                   08.06.2025, registered for the offences punishable under

                   Sections 191(2), 126(2), 115(2), 109, 191(3) of BNS and

                   Section 27 of Arms Act.

                                 3. As per allegation, the petitioner along with other

                   co-accused were involved in firing over land dispute.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case. He further submits that as a matter of fact, there is no

                   firing at all and there is no allegation of even causing any injury
Patna High Court CR. MISC. No.598 of 2026(2) dt.28-01-2026
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          to anybody. He further submits that even at the place of alleged

          firing, there is no cartridge found by the police. He further

          submits that similarly situated co-accused, Vinay Kumar @

          Binay Kumar Singh has been already enlarged on anticipatory

          bail by a Co-ordianate Bench of this Court vide order dated

          16.12.2025 passed in Cr. Misc. No. 78958 of 2025.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedent.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioner, above-named,

          to be enlarged on bail, in the event of his arrest or surrender

          before the court below within a period of eight weeks from the

          date of receipt / production of a copy of this order, on his

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned concerned Court Below, in connection with Mufassil

          P.S. Case No. 552 of 2025, subject to the conditions as laid
           Patna High Court CR. MISC. No.598 of 2026(2) dt.28-01-2026
                                                       3/3




                     down under Section 482 (2) of the B.N.S.S., 2023 and on the

                     following conditions:

                                  (i) In case, it is brought to the notice of the court

                     below that the petitioner has any criminal antecedents, learned

                     court below shall cancel the bail bonds of the petitioner after

                     hearing him and getting satisfied that the petitioner has

                     concealed his criminal antecedents despite his knowledge of the

                     same.

                                  (ii) In case, it is brought to the notice of the court

                     below that statement regarding previous bail petition is wrong,

                     learned court below shall cancel the bail bonds of the petitioner.



                                                                 (Jitendra Kumar, J.)
ravishankar/-

U      T


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