Patna High Court

Ravi Shankar Kumar @ Amit KumarversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of personal appearance.

Summary

The petitioner, Ravi Shankar Kumar, applied for bail in a case registered under Section 309(4) of the B.N.S., alleging that his name was implicated only through the confessional statement of co-accused Manish Kumar. The prosecution highlighted the petitioner’s prior criminal record, while the defense pointed out that the petitioner had been acquitted in six cases and was on bail in two others. The court noted that the co-accused, whose confession named the petitioner, had already been granted bail. Considering the lack of physical recovery of the alleged stolen items, the absence of a Test Identification Parade, and the circumstances of the confession, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to the condition of personal appearance in court. The bail bond may be cancelled if the petitioner fails to appear on two consecutive dates without sufficient cause.

Issues considered

Whether the petitioner is entitled to bail under Section 309(4) of the B.N.S. despite the confessional statement of a co-accused and his prior criminal antecedents.

Legislation cited

B.N.S. — s. 309(4)

Subjects

bail
Section 309(4)
B.N.S.
confessional statement
criminal antecedents
identification parade
bond conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84387 of 2025
                        Arising Out of PS. Case No.-402 Year-2025 Thana- BIHAR District- Nalanda
                 ======================================================
                 Ravi Shankar Kumar @ Amit Kumar S/O Sudhir Prasad R/O Village-
                 Atbalchak, P.S- Tharthari, District - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pankaj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Yogendra Kumar,A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   20-02-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 309 (4) of B.N.S.

                                3. As per the prosecution case, four unknown miscreants

                   looted Rs. 1800, mobile, bag and motorcycle of the informant.

                                4. Learned counsel for the petitioner submits that the First

                   Information Report was lodged against four unknown miscreants and

                   the name of the petitioner transpired subsequently in the confessional

                   statement of co-accused Manish Kumar @ Kokha and the said

                   Manish Kumar has already been granted bail by a Co-ordinate Bench

                   of this Court vide order dated 21.01.2026 passed in Cr. Misc. No.

                   74987 of 2025. It is further submitted that no recovery was made

                   from the conscious possession of the petitioner and he was also not

                   put on Test Identification Parade. Further, the petitioner is in custody
             Patna High Court CR. MISC. No.84387 of 2025(3) dt.20-02-2026
                                                         2/2




                       since 02.08.2025 and charges have also been framed in the case.

                                    5. Learned APP for the State opposed the bail petition on

                       the ground that petitioner has several criminal antecedents. However,

                       it is submitted, in response, that petitioner has been acquitted in six

                       of the cases and in two cases he is already on bail.

                                    6. Taking into consideration the facts and circumstances of

                       the case and also considering the fact that on whose confession the

                       name of the petitioner transpired has already been granted bail, the

                       above named petitioner is directed to be enlarged on bail on

                       furnishing bail bond of Rs10,000/- (Rupees Ten Thousand) with two

                       sureties of the like amount each to the satisfaction of the learned

                       Court below where the case is pending/successor Court in connection

                       with Bihar P.S. Case No. 402 of 2025, subject to the condition that :

                                    (i) The petitioner shall remain physically present in court

                       on each and every date during trial and in the event of failure on two

                       consecutive dates without sufficient reasons, his bail bonds shall be

                       liable to be cancelled by the learned court concerned.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T

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