Patna High Court
Ravishankar Kumar Singh @ Ravishankar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, three brothers from Tetariya, sought pre‑arrest bail in connection with a criminal case (Udwantnagar PS Case No. 404 of 2025) alleging assault on an informant under several sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.). They contended that the case was a retaliatory "counter‑blast" to an earlier kidnapping case (PS Case No. 154 of 2022) filed against the informant, and that the alleged head injury was simple and they had a clean antecedent. The State opposed bail, arguing that the petitioners actively participated in the assault. The Court considered the nature of the injury, the petitioners' fair antecedent, and the existence of the prior case, and concluded that bail was appropriate. Accordingly, the Court ordered bail on condition of a Rs 10,000 bond with two sureties and compliance with Section 482(2) of the B.N.S., also requiring a close family member as a bailor.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the alleged assault on the informant.
- Whether the simple nature of the injury and the petitioners' clean antecedent justify bail.
- Whether the existence of a prior case (PS Case No. 154 of 2022) influences the bail decision.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 482(2)
Subjects
- bail
- assault
- counter‑claim
- prior criminal case
- simple injury
- fair antecedent
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83615 of 2025
Arising Out of PS. Case No.-404 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
1. Ravishankar Kumar Singh @ Ravishankar Kumar S/o- Nageshwar Singh
Resident of Village- Tetariya P.S- Udwantnagar District-Bhojpur
2. Dhiraj Kumar @ Dhiraj Kumar Singh S/o- Nageshwar Singh Resident of
Village- Tetariya P.S- Udwantnagar District-Bhojpur
3. Ashok Kumar Singh S/o- Nageshwar Singh Resident of Village- Tetariya
P.S- Udwantnagar District-Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-01-2026 Heard the learned Advocate for the petitioners and the
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Udwantnagar P.S. Case No. 404 of 2025,
registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2) and 109 of the B.N.S.
3. Allegedly on the exhortation made by the petitioner
no. 3 along with co-accused Purnima Devi, the petitioner nos. 1
and 2 have assaulted the informant by means of lathi and danda,
due to which he sustained serious head injuries.
4. Learned Advocate for the petitioners referring to
Patna High Court CR. MISC. No.83615 of 2025(2) dt.06-01-2026
2/3
Annexure-P/2 submitted that the present case is nothing but a
counter blast to the Udwantnagar P.S. Case No. 154 of 2022,
which has been instituted against the informant and his family
members with regard to kidnapping of daughter of petitioner no.
3. The present case has been instituted only in a view to put
pressure and materialize the dispute. So far the injury which is
allegedly sustained to the informant is concerned, the same is
found to be simple in nature and thus, the allegation of repeated
blow by both the petitioner nos. 1 and 2 also falls to the ground.
Moreover, the petitioners bear fair antecedent and they
undertake that they will fully co-operate in the proceeding of the
Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that the
petitioners have actively participated in the crime and assaulted
the informant.
6. Regard being had to the submissions made on
behalf of the parties and considering the genesis of the
occurrence, as also the institution of Udwantnagar P.S. Case No.
154 of 2022 prior to the institution of the present case, besides
the simple nature of injury and the fair antecedent of the
petitioners, let the petitioners above named be released on bail,
Patna High Court CR. MISC. No.83615 of 2025(2) dt.06-01-2026
3/3
in the event of their arrest or surrender before the court below
within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Bhojpur at Ara in connection with
Udwantnagar P.S. Case No. 404 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023 with the further condition that one of
the bailors shall be the own/close family members of the
petitioners.
(Harish Kumar, J)
shivank/-
U T
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