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Patna High Court

Ravi Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail, directing the petitioners to be enlarged on bail with bond and conditions under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioners, Ravi Ranjan Kumar and Vivek Kumar, were accused of assaulting an informant’s family with lathi and danda, causing injuries, under several sections of the B.N.S., 2023. They applied for bail, asserting innocence, lack of criminal antecedents, and noting that co‑accused had already been released on bail. The State opposed the bail application. The court examined the nature of the injuries, the petitioners’ clean record, and the fact that they had not previously sought anticipatory bail, and concluded that bail could be granted under Section 482(2) of the B.N.S.S., 2023. Accordingly, the petition was allowed and the petitioners were directed to be enlarged on bail within eight weeks, subject to a cash bond, sureties and conditions for cancellation if antecedents are discovered.

Issues considered

  • Whether bail can be granted to the petitioners under Section 482(2) of the B.N.S.S., 2023 despite the seriousness of the offences.
  • Whether the petitioners’ claim of no prior criminal antecedents and the absence of an earlier anticipatory bail application affect the grant of bail.
  • Whether the court may impose conditions that would lead to cancellation of bail if undisclosed antecedents are later discovered.

Legislation cited

  • B.N.S., 2023 — s. 109, 115, 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76

Subjects

  • bail
  • criminal procedure
  • assault
  • B.N.S. 2023
  • Section 482
  • conditions of bail
  • no antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.749 of 2026
                      Arising Out of PS. Case No.-137 Year-2025 Thana- NAUHATTA District- Saharsa
                 ======================================================
           1.     Ravi Ranjan Kumar, Son of Virendra Mehta @ Birendra Mehta, Resident of
                  Village- Shrinagar, Ward No. 11, P.S.- Ghailad, District- Madhepura At
                  Present Resident of village- Ramnagar, bharna, Ps- Nauhatta, Dist- Saharsa.
           2.    Vivek Kumar, son of Birendra Mehta @Virendra Mehta, Resident of
                 Village- Shrinagar, Ward No. 11, P.S.- Ghailad, District- Madhepura, At
                 Present Resident of village- Ramnagar, bharna, P.S- Nauhatta, Dist- Saharsa.

                                                                                   ... ... Petitioners
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Kamal Kishore Singh, Advocate
                 For the State           :        Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   28-01-2026                         Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seeks bail, apprehending their

                   arrest, in connection with Nauhatta P.S. Case No. 137 of 2025,

                   dated.12.07.2025, registered for the offences punishable under

                   Sections 126(2), 115, 109, 76, 303(2), 352, 351(2), 3(5) of the

                   B.N.S., 2023.

                                3. As per allegation, the Petitioners along with other

                   co-accused lased with lathi and danda started abusing and

                   attacking the informant and her family members and as per the

                   further case of the prosecution, the Petitioner, Ravi Ranjan

                   caused injury on the head of the brother-in-law of the Informant,
Patna High Court CR. MISC. No.749 of 2026(2) dt.28-01-2026
                                            2/3




          whereas the Petitioner Vivek Kumar injured Krishna Mahto by

          farsa.

                       4. Learned counsel for the petitioners submits that the

          Petitioners are innocent and have falsely been implicated in this

          case. He also submits that the alleged injury caused by the

          Petitioners is simple in nature. He further submits that the other

          co-accused have already been enlarged on bail by the Court

          below itself.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioners have 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 petitioners have no criminal antecedents.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioners for bail.

                       8. Considering the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioners, above-named,

          to be enlarged on bail, in the event of their 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 their

          furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

          Thousand) each with two sureties of the like amount each to the
            Patna High Court CR. MISC. No.749 of 2026(2) dt.28-01-2026
                                                        3/3




                      satisfaction of learned concerned Court below, in connection

                      with Nauhatta P.S. Case No. 137 of 2025, subject to the

                      conditions as laid 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 petitioners have any criminal antecedents,

                      learned court below shall cancel the bail bonds of the petitioners

                      after hearing them and getting satisfied that the petitioners have

                      concealed their criminal antecedents despite their 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

                      petitioners.



                                                                         (Jitendra Kumar, J.)
Chandan/-

U     T


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