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Patna High Court

Ravish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                        3/3




                      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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