Patna High Court

Ravi Shankar Kumar @ Amit KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner on the condition of a bail bond and sureties.

Summary

The petitioner, Ravi Shankar Kumar, was arrested in connection with a robbery of a delivery boy where cash, an ATM card, Aadhaar card and voter ID were stolen. He was charged under section 309(6) of the Bihar Negotiable Instruments Act. The petitioner claimed innocence, arguing that the FIR was lodged against unknown miscreants and that his alleged confession had no evidentiary value, while the prosecution pointed to the recovery of a motorcycle, mobile phones and cash from his possession. The trial court noted the seizure list, but the petitioner contended that the motorcycle had been altered and the phones belonged to him. The High Court, after considering the facts, the petitioner’s 13 prior cases, and the lack of solid evidence, decided to grant regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted to the petitioner under section 309(6) of the Bihar Negotiable Instruments Act despite his prior criminal antecedents and the seizure of alleged stolen property.

Legislation cited

Bihar Negotiable Instruments Act — s. 309(6)

Subjects

regular bail
section 309(6)
Bihar Negotiable Instruments Act
criminal antecedents
seizure of property
confessional statement
robbery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87200 of 2025
                     Arising Out of PS. Case No.-374 Year-2025 Thana- NOORSARAI 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 Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar, Advocate
                                                  Mr. Sonu Kumar, Advocate
                 For the Opposite Party/s :       Mr.Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   04-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 309 (6) of

                   the BNS.

                                 3. The case of the prosecution is that the informant is

                   a delivery boy and while he was going to deliver some articles,

                   unknown miscreants intercepted him and looted cash amounting

                   to Rs. 3800/- along with other articles, including his ATM Card,

                   Adhar Card and Voter ID Card.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the
Patna High Court CR. MISC. No.87200 of 2025(3) dt.04-02-2026
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          FIR was lodged against unknown miscreants. It is further

          submitted that since the petitioner is having criminal

          antecedence of 13 cases, his name has surfaced in connection

          with the present case merely on suspicion. It is further submitted

          that petitioner has also given his confessional statement before

          the police which has no evidentiary value in the eye of law.

          Moreover, the petitioner is languishing in judicial custody since

          29.07.2025.

                       5. Learned trial Court from perusal of paragraph 29 of

          the case diary finds that there is recovery of one glamour

          motorcycle, two mobile phones and case of Rs. 3350 /- from the

          possession of this petitioner.

                       6. Per contra, learned counsel for the petitioner

          submits that a bare perusal of the seizure list , it would transpire

          that earlier the motorcycle was blue in colour which has been

          modified and made blue and black and there is also interpolation

          in the registration number. It is further submitted that mobile

          phones which has been recovered belongs to the petitioner

          himself.

                       7. Learned APP appearing for the state has opposed

          the prayer of regular bail.

                       8. Considering the aforesaid facts and circumstances
            Patna High Court CR. MISC. No.87200 of 2025(3) dt.04-02-2026
                                                        3/3




                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Noorsarai P.S. Case No. 374 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Judicial Magistrate, 1st Class, Nalanda at Biharsharif.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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