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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.74 of 2026(2) dt.15-01-2026
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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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