Patna High Court
Ravi Kumar @ Rabi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 304(2)
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
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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
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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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