Patna High Court
Ratnesh Kumar @ Golu @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- Arms Act — s. 27
- B.N.S.S., 2023 — s. 109, 115(2), 126(2), 191(2), 191(3), 482(2)
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
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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
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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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