Patna High Court
Ravi Kumar Kushwaha @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners, subject to conditions, as the main culpability was attributed to Dharmendra Singh and the petitioners showed willingness to cooperate.
Summary
The petitioners, Ravi Kumar Kushwaha and Babloo Kumar Yadav, sought anticipatory bail fearing arrest in a case (Andar PS No.64/2024) involving multiple IPC offences including kidnapping, assault and extortion. The informant, Mahfooz Alam, alleged that the accused abducted him, assaulted him and extorted money, attributing the main role to Dharmendra Singh while claiming the petitioners had only a peripheral involvement. The petitioners argued that the statement under Section 164 of the CrPC specifically implicated only Dharmendra Singh and that any injuries to the informant were simple. The State contended that the petitioners were part of an omnibus allegation and highlighted their criminal antecedents. After weighing the submissions, the court found that the principal culpability lay with Dharmendra Singh, the injuries were minor, and the petitioners were willing to cooperate with the investigation, and therefore granted them anticipatory bail with stringent conditions under Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations of kidnapping, assault and extortion.
- Whether the petitioners have a sufficient nexus to the offences alleged in the FIR to deny bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164, 438
- Indian Penal Code — s. 304, 307, 323, 34, 342, 379, 386, 504, 506
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC offences
- extortion
- kidnapping
- simple injuries
- cooperation with investigation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68446 of 2025
Arising Out of PS. Case No.-64 Year-2024 Thana- AANDAR District- Siwan
======================================================
1. Ravi Kumar Kushwaha @ Ravi Kumar S/O Subhash Bhagat R/O Village-
Andar, P.S- Andar, Distt.- Siwan.
2. Babloo Kumar Yadav @ Babloo Yadav S/O Siya Ram Yadav R/O Village-
Katwar, P.S- Andar, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Chandra
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 11-02-2026 Heard the parties.
2. The petitioners are apprehending arrest in
connection with Andar P.S. Case No. 64/2024 instituted under
Section 342, 323, 304, 386, 307, 379, 504, 506, 34 of the Indian
Penal Code lodged on 03.04.2024 by the informant, Mahfooz
Alam.
3. As per the prosecution story, the informant alleged
that Sunny Kumar called him and informed that he will sell the
motorcycle on good price. However, upon reaching Jamalpur,
some more people were called and he was asked about the
stolen tractor. When the informant shows his ignorance, the
allegation is that the accused persons including the two
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petitioners pulled him in a black Scorpio and after blinding him,
took near a bank of the river and further assaulted.
4. It is alleged that Dharmendra Singh used his mobile
to make a demand of Rs.50,000/- as extortion. The informant,
somehow, managed to escape, reached the Hospital and then the
FIR.
5. Learned counsel for the petitioner submits that
though omnibus allegation is there, the further statement under
section 164 of the Cr.P.C. clearly shows that he has made
allegation against Dharmendra Singh and no role has been
attributed to these petitioners though he acknowledges that the
petitioners wanted him to accept the allegation of the stolen
tractor. The injuries have been made to be simple in nature.
5. Learned APP opposes the prayer submitting that
omnibus allegation of pushing him to the Scorpio is there,
beside the criminal antecedent.
6. Considering the submissions of the parties, main
role has been attributed to Dharmendra Singh, injuries have
been found to be simple in nature, the petitioner has undertaken
to cooperate in the investigation and shall be diligently
appearing in trial, in that background, this Court is inclined to
extend them the privilege of anticipatory bail.
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7. Let the petitioners be released on bail, in the event
of their arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each in connection with Andar P.S. Case No.
64/2024 to the satisfaction of learned J.M.1st Class, Siwan
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned
police station every fortnight for next one year to mark their
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioners shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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