Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court allowed the bail application, granting bail with conditions.
Summary
Ravi Kumar was arrested in connection with Alamganj Police Station Case No.777 of 2025, alleged to have committed an offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a scooty was stolen from a court campus, but the petitioner was not named in the FIR and no material was recovered from his possession. He had been remanded from a separate case (Khajekalan PS Case No.297 of 2025) and had been in custody since 22 August 2025. The petitioner argued that the bail application should be granted as there was no direct evidence linking him to the crime. The court, after considering the submissions, granted bail on a cash bond of Rs.10,000 with two sureties and imposed several conditions, including cooperation with the trial and regular reporting to the local SHO. The application for bail was therefore allowed.
Issues considered
- Whether bail should be granted in a case under Section 303(2) of the Bharatiya Nyaya Sanhita when the accused is not named in the FIR and no material has been recovered.
- Whether the petitioner’s prior antecedent case justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
Subjects
- bail
- Section 303(2)
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74 of 2026
Arising Out of PS. Case No.-777 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Ravi Kumar, aged about 25 years, Male, son of Chanarik Rai @ Chanirika
Ray, resident of village- Sita Mandir Baxi Mohalla, P.S.- Khajekalan, District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Alamganj PS Case No.777 of 2025 dated 22.07.2025, instituted
for the offence punishable under Section 303(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that the scooty of
the informant was stolen from the Court campus situated at
Patna City by unknown persons.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. He has been remanded in this
case from Khajekalan PS Case No.297 of 2025. Nothing has
been recovered either from conscious possession or from the
Patna High Court CR. MISC. No.74 of 2026(2) dt.15-01-2026
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house of the petitioner. Till date, the scooty of the informant has
not been recovered. Only on the basis of his past antecedents
i.e., Khajekalan PS Case No.297 of 2025, the petitioner has
been made accused in this case. Further submission is that
petitioner is in custody since 22.08.2025 having one criminal
case against him.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the ACJM-VI, Patna City, Patna, in
Alamganj PS Case No.777 of 2025, subject to the conditions (i)
that the petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below, (ii)
that one of the bailors will be his own blood relation, preferably
father, mother, brother, sister and or his wife, (iii) that the bailor
shall also state on affidavit that he will inform the court
concerned if the petitioner is made accused in any other case of
similar nature after his release in the present case and thereafter
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the court below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse, (iv) that if the
petitioner tampers with the evidence or the witnesses, in that
case, the prosecution will be at liberty to move for cancellation
of bail and (v) that the petitioner within two weeks from the date
of his release from custody shall appear before the SHO of his
local area along with a copy of this order and thereafter shall
appear before him every fortnightly to mark his attendance till
the framing of charge in the case by the trail Court.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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