Patna High Court
Ravish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Ravish Kumar, was arrested in connection with a robbery and armed assault on a jewellery showroom, alleged under IPC section 395 and Arms Act sections 25(1‑B)a, 26 and 35. The prosecution’s case is based on a FIR naming unknown miscreants and a co‑accused’s confession that implicated the petitioner, though no weapon or stolen property was recovered from him and no Test Identification Parade was held. The petitioner argued his innocence, highlighted that similar co‑accused had been granted bail, and had been in judicial custody since June 2025. The court examined the lack of material evidence against him, the precedent of bail to co‑accused, and the principle of liberty pending trial. Accordingly, the court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under IPC 395 and the Arms Act.
- Whether the absence of material seized from the petitioner and lack of a Test Identification Parade justify granting bail.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26, 35
- Indian Penal Code — s. 395
Subjects
- regular bail
- robbery
- armed assault
- IPC 395
- Arms Act
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87215 of 2025
Arising Out of PS. Case No.-80 Year-2024 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Ravish Kumar Son of Kishundev Singh Resident of village- Mathura PS-
Bidupur Dist -Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 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 395 of the
Indian Penal Code and Section 25 (1-B)a, 26 and 35 of the Arms
Act.
3. The case of the prosecution, in short, is that on the
alleged date of occurrence, 7-8 unknown miscreants forcibly
entered the Reliance Jewels Showroom situated at Mohanpur
Road, Samastipur and at the point of pistol, looted gold and
diamond ornaments. It is further alleged that an amount of Rs,
1,41,366 was taken from the cash counter and a further sum of
Rs. 6,00,000/- was forcibly taken from the customers present in
the show room. It is further alleged that the miscreants broke
Patna High Court CR. MISC. No.87215 of 2025(2) dt.12-01-2026
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open the counters using the arms carried by them. During
inspection of the place of occurrence, one country made pistol,
one magazine, three cartridges and a blue coloured bag were
seized.
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
First Information Report was lodged against unknown
miscreants. During the course of investigation, one co-accused,
namely Rahul Kumar @ Kalanag has given his confessional
statement and he has named this petitioner. It is further
submitted that nothing has been recovered from the conscious
possession of this petitioner and no Test Identification Parade
(TIP) has been conducted. It is contended that co-accused Rahul
Kumar @ Kalanag has been granted bail by this Court vide
order dated 18.11.2025 passed in Cr. Misc. No. 61428 of 2025
by a co-ordinate Bench of this Court. It is further contended that
other similarly situated co-accused persons, namely, Abhishek
Ray @ Abhishek Kumar @ Bachha @ Bachha Ray, Karamveer
@ Dharamveer Deshmukh Bhai @ Karamveer Kumar @
Dharamveer Kumar and Jwala Kumar @ Jwala Paswan @
Prakash @ Prakash Paswan have been granted by a co-ordinate
Patna High Court CR. MISC. No.87215 of 2025(2) dt.12-01-2026
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bench of this Court vide orders dated 28.11.2025 and
13.05.2025 passed in Cr. Misc. Nos. 74880 of 2025, 73669 of
2025 and 27440 of 2025. Moreover, the petitioner is languishing
in judicial custody since 10.06.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
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 Muffasil P.S. Case No. 80 of 2024 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
District and Additional Sessions Judge – IX, Samastipur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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