Patna High Court
Ravish Kumar @ Rabish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to strict conditions.
Summary
The petitioner, Ravish Kumar, was arrested in connection with a robbery case and charged under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution alleged that a pistol and three live cartridges were recovered from his possession during a police raid, while the petitioner claimed he was falsely implicated and that the seizure violated Sections 103 and 105 of the B.N.S. He also highlighted his long criminal record and prolonged custody since May 2025. The court examined the bail criteria, the alleged procedural lapses in the seizure, and the impact of his antecedents. Considering the facts, the court granted bail on a Rs.10,000 bond with two sureties and imposed several conditions, including regular court appearances and reporting to the Superintendent of Police. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and his prolonged pre‑trial detention.
- Whether the seizure of the weapon and cartridges complied with Sections 103 and 105 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s extensive criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 105, 310(4), 310(5)
Subjects
- bail
- pre‑trial detention
- search and seizure
- Arms Act
- criminal antecedents
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85560 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- MUSRIGHRARI District- Samastipur
======================================================
Ravish Kumar @ Rabish Kumar, Son of Kishundev Singh, Resident of
Village - Mathura, Ward No. 05, P.S. - Bidupur, Distt. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Adv.
For the Opposite Party/s : Mr. Umesh Lal Verma, Addl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioner and the
learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with Musarigharari P.S. Case No. 64 of 2025
registered for the offence(s) punishable under Section(s) 310(4)
and 310(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and
Section(s) 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, the informant
received a secret information that the accused/Randhir Kumar
@ Bablu Singh was planning to commit a robbery with other
accused persons. On such information, the police conducted a
raid and apprehended two persons including the present
Patna High Court CR. MISC. No.85560 of 2025(2) dt.08-01-2026
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petitioner while others managed to escape. It is further alleged
that one country made pistol and three live cartridges were
recovered from the possession of the petitioner.
4. The learned counsel for the petitioner submits
that the petitioner has falsely been implicated in this case and no
such recovery or seizure has been made from his conscious
possession. It has next been submitted that there is non-
compliance of Sections 103 and 105 of the B.N.S.S. in making
such seizures. It has lastly been submitted that the petitioner has
only been implicated in this case only because he carries long
list of eight criminal antecedents against his name and he is in
custody since 17.05.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 17.05.2025, let the petitioner, above-
named, be released on bail on his 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
Musarigharari P.S. Case No. 64 of 2025, subject to the following
Patna High Court CR. MISC. No.85560 of 2025(2) dt.08-01-2026
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conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond 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, Samastipur within fifteen (15) 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
concerned Superintendent of Police 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 cancellation
of bail of the petitioner 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.
Patna High Court CR. MISC. No.85560 of 2025(2) dt.08-01-2026
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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