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Patna High Court

Ravi Kumar Kushwaha @ Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.68446 of 2025(5) dt.11-02-2026
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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.
Patna High Court CR. MISC. No.68446 of 2025(5) dt.11-02-2026
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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
             Patna High Court CR. MISC. No.68446 of 2025(5) dt.11-02-2026
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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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