Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted subject to strict conditions.
Summary
The petitioner, Ravi Kumar, was arrested in connection with a theft of jewelry, a licensed pistol, cartridges and cash from a residence, offences charged under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, 2023. The FIR does not name him; his alleged involvement stems only from a confessional statement of a co‑accused, and the seized items have not been linked to his jewellery shop. He has been in custody since 14 January 2025 and applied for bail, arguing lack of direct evidence and that the prosecution has not established a connection to his premises. The State opposed bail, contending the seriousness of the offences and the possibility of tampering with evidence. The High Court, after considering the submissions and the length of custody, granted bail on a Rs 10,000 bond with two sureties, imposing several conditions including personal appearance, verification of antecedents, and periodic reporting to the Superintendent of Police. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR but is implicated solely through a co‑accused's confessional statement.
- Whether the nature of offences under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, 2023, justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305(a), 331(4)
Subjects
- bail
- criminal procedure
- theft
- illegal possession of firearm
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85331 of 2025
Arising Out of PS. Case No.-591 Year-2024 Thana- PATLIPUTRA District- Patna
======================================================
Ravi Kumar, S/O Ramnath Prasad, R/O Sakin- East Nand- Gola, Madho Mill,
Krishna Alankar Jewelers, P.S- Malsalami, Patna City, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Patliputra P.S. Case No. 591 of 2024 registered
for the offences punishable under Sections 331(4) and 305(a) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that while informant along with her family had gone to
Devghar, Badadham, she was informed that a theft had been
committed at the house. It was later found that the lock of the
Godrej Almirah had been broken and the entire jewelry of the
house, licensed pistol as well as cartridges and cash were taken
away.
4. The learned counsel for the petitioner submits that
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the petitioner is not named in the FIR and his named has
surfaced on the confessional statement of one co-accused,
namely, Golu Kumar Sinha. It has been submitted that the
petitioner runs a jewelry shop, namely, Krishna Alankar
Jewelers at Patna City and the seizure whatsoever has been
shown from the shop of the petitioner has not been put to TIP in
order to ascertain whether it is the same articles which were
taken away by the miscreants in the present case. It has next
been submitted that the petitioner after the present case has been
taken into remand in all the cases as stated in paragraph ‘3’ of
the bail application. It has lastly been submitted that the
petitioner is in custody since 14.01.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties and the period of custody, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (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 Patliputra
P.S. Case No. 591 of 2024, subject to the following conditions:-
(i) One of the bailors of the petitioner
shall be his close relative and the other shall be
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local resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution
shall be at liberty to move for cancellation of his
bail bond.
(v) The learned 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.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before
the Superintendent of Police, Patna within fifteen
days of his release with a copy of this order and
every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept
under watch in this period by the Superintendent of
Police concerned and if it is found wanting in any
respect, a report shall be made to the court
concerned by him to initiate a proceeding for
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cancellation of bail for reasons of misuse of bail.
After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the
court concerned.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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