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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under its inherent powers.

Summary

Ravi Kumar, a resident of Gaurichak, applied for anticipatory bail after being implicated in a FIR alleging extortion and assault on a fruit seller and his family. The petitioner argued that he has a clean record and that the allegations against him are vague and omnibus, with the main thrust of the case directed at another accused, Surendra. The State opposed the bail, but the informant's counsel could not refute the claim that the assault allegations were not specifically against the petitioner. The Court considered the submissions and, invoking its inherent powers under Section 482(2) of the B.N.S.S., ordered that the petitioner be released on anticipatory bail if he surrenders within six weeks, subject to a bail bond of Rs.10,000 and two sureties of equal amount. The order was conditioned on compliance with the trial court's requirements.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S.
  • Whether the allegations in the FIR specifically implicate the petitioner or are general in nature
  • Whether the petitioner’s clean antecedent warrants bail despite the serious charges listed

Legislation cited

  • B.N.S. — s. 109, 126(2), 190, 191(2), 191(3), 303(2), 308(3), 308(4), 324(4), 324(5), 351(2), 352, 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • false implication
  • extortion
  • assault
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86121 of 2025
                      Arising Out of PS. Case No.-598 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Ravi Kumar Son of Late Chhataki Sao @ Late Raja Ram Saw Resident of
                 Town Gaurichak, P.S.- Gaurichak, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Shankar Sinha, Adv.
                 For the Opposite Party/s :       Ms. Sharda Kumari, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   191(3), 190, 126(2), 109, 308(3), 308(4), 324(4), 324(5),

                   303(2), 352, 351(2) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and in sum and

                   substance the allegation is that Surendra demanded extortion

                   from the informant who sells fruit, since extortion was not given

                   the named accused persons including the petitioner assaulted the

                   informant, his wife and brother.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.86121 of 2025(2) dt.19-01-2026
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          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that thrust of

          allegation is against Surendra and as far as petitioner is

          concerned, the allegation against him is general and omnibus in

          nature.

                        5. Learned A.P.P. for the State and the learned counsel

          appearing on behalf of the informant opposes the prayer for

          anticipatory bail of the petitioner but then the learned counsel

          appearing on behalf of the informant is not in a position to rebut

          the submission of the learned counsel appearing on behalf of the

          petitioner that allegation of assault is not specific against the

          petitioner.

                        6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned trial court where the case

          is pending/successor court in connection with Gaurichak P.S.

          Case No.598/2025, subject to the conditions as laid down under
             Patna High Court CR. MISC. No.86121 of 2025(2) dt.19-01-2026
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                       Section 482(2) B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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