Patna High Court
Ravi Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
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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
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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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