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Patna High Court

Ravi Kumar @ Rabi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted subject to the conditions imposed by the Court.

Summary

Ravi Kumar was arrested on 24 July 2025 in connection with an FIR alleging that a gold chain was snatched and handed to a minor, leading to charges under Section 304(2) of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case rests on the informant’s testimony and the petitioner’s prior criminal record, asserting that he was implicated by suspicion. The petitioner contended that no material was recovered from his possession, that the charge is based solely on suspicion and his antecedents, and that he is innocent. The State opposed bail, highlighting six prior convictions, although the petitioner is already on bail in those matters. The Court, after weighing the lack of concrete evidence and the principle of bail, ordered his release on bail with a Rs 10,000 bond and conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail bond was to be accepted without delay for verification.

Issues considered

  • Whether bail should be granted in a case punishable under Section 304(2) of the Bharatiya Nyay Sanhita when the evidence against the accused is primarily suspicion and prior criminal antecedents.
  • Whether the petitioner’s six prior criminal convictions justify denial of bail.

Legislation cited

Subjects

  • bail
  • Section 304(2)
  • Bharatiya Nyay Sanhita
  • criminal antecedents
  • evidentiary insufficiency
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77936 of 2025
                 Arising Out of PS. Case No.-292 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Ravi Kumar @ Rabi Kumar S/o- Late Ramnath Paswan @ Ramnath Paswan
                 Village- Pokhariya Ashok Nagar Ward No 37 PS- Town Nagar District-
                 Begusarai

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :      Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   22-01-2026                      Heard Mr. Sandip Kumar Gautam, learned counsel

                   for the petitioner as well as Mr. Tarun Prasad Mandal, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   24.07.2025 in connection with Town P.S. Case No. 292 of 2025,

                   F.I.R. dated 23.07.2025 for the offences punishable under

                   Sections 304(2) of the Bharatiya Nyay Sanhita, 2023.

                               3.     According to prosecution case, the informant

                   alleged that on 23.07.2025, when she was standing near Lohiya

                   Nagar Dhala for going to home, then a person snatched gold

                   chain from her neck and tried to run away, then the informant

                   and her family members tried to chase him and that person

                   handed over the chain to a boy, aged about 12-13 years, who ran
Patna High Court CR. MISC. No.77936 of 2025(3) dt.22-01-2026
                                            2/3




          away in Jhoparpatti and then they caught that person.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. From bare perusal of the FIR it appears that

          nothing recovered from the conscious possession of the

          petitioner and he has been made accused merely on the basis of

          suspicion as well as his previous criminal antecedents and

          except the disclosure made by apprehended co-accused persons,

          no other cogent material has come during investigation which

          suggest the involvement of the petitioner in the present

          occurrence. He further submits that the police after investigation

          submitted the charge sheet and the petitioner is in custody since

          24.07.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner carries six criminal antecedents other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner is on bail

          in the said matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
            Patna High Court CR. MISC. No.77936 of 2025(3) dt.22-01-2026
                                                        3/3




                      the like amount each to the satisfaction of the learned Chief

                      Judicial Magistrate, Begusarai in connection with Town P.S.

                      Case No. 292 of 2025,, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed 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. 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.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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