Patna High Court
Ravindra Rai @ Ravindra Kumar @ Ravindra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000, two sureties, and the condition of cooperation and appearance in court.
Summary
The petitioner, Ravindra Rai, was charged under multiple sections of the Indian Penal Code and Section 27 of the Arms Act for alleged participation in an armed mob attack that involved a shooting and assault. The prosecution alleged that the accused, including the petitioner, were armed and that a co‑accused fired a gun, though the bullet missed the intended target. The petitioner contended that he was falsely implicated, that no specific allegation was made against him, and that he was merely a member of the mob, citing that another co‑accused had already been granted bail. The State opposed bail, pointing to a prior criminal antecedent. After hearing both sides, the court found the lack of a specific charge against the petitioner sufficient to grant bail, subject to a bond of Rs 10,000 with two sureties and a condition to cooperate with the trial and appear when required.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges.
- Whether the prosecution has made a specific allegation against the petitioner sufficient to deny bail.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 354, 379, 504
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- mob violence
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7712 of 2026
Arising Out of PS. Case No.-437 Year-2019 Thana- TURKAULIYA District- East
Champaran
======================================================
Ravindra Rai @ Ravindra Kumar @ Ravindra Kumar Yadav S/o Chunni Ray
@ Rupnarayan Yadav @ Tunni Ray R/o Village - Jagiraha (Chargaha), P.S -
Turkauliya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioner and Mr. Harendra Prasad, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Turkauliya P.S. Case No. 437 of 2019 registered for the
offence punishable under Sections 147, 148, 149, 323, 341, 324,
307, 354, 379, 504 of the Indian Penal Code and Section 27 of
the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner, along with ten other persons being armed with arms,
arrived. It is alleged that one Birendra Rai caught the brother of
the informant, and Shambhu Rai ordered, and on his order,
Sadhu Yadav fired, but the gunshot did not hit Uma Shankar. It
Patna High Court CR. MISC. No.7712 of 2026(2) dt.12-02-2026
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is further alleged that all the accused persons assaulted.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the nature of allegation is general and
omnibus. There is a direct allegation against the co-accused
person, namely, Sadhu Rai, who has already been granted bail
by the learned coordinate bench of this court vide Cr. Misc. No.
60100 of 2019. He further submits that there is no specific
allegation against the petitioner. He is only a member of the
mob. Moreover, the petitioner is languishing in judicial custody
since 26.11.2025.
5. The application for bail is opposed by learned APP
for the State and submits that petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall cooperate in the trial and shall
remain physically present in the learned trial court,
whenever required. The above named petitioner is directed to
be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.
Patna High Court CR. MISC. No.7712 of 2026(2) dt.12-02-2026
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ten thousand only) with two sureties of the like amount each to
the satisfaction of the learned Chief Judicial Magistrate,
Motihari, East Champaran in connection with Turkauliya P.S.
Case No. 437 of 2019.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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