Patna High Court
Ravi Shankar Kumar @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a cash bond, two sureties and conditions of personal appearance.
Summary
The petitioner, Ravi Shankar Kumar, was arrested in connection with an alleged extortion and assault case under several sections of the B.N.S. The prosecution's case is based on hearsay information from villagers, with no test identification parade or incriminating material recovered from the petitioner. The petitioner argued that he was falsely implicated, has no prior convictions, and is already on bail in other matters. The State opposed bail citing the seriousness of the offences and the petitioner's alleged criminal antecedent. Considering that charges have been framed, the petitioner’s cooperation, and the lack of substantive evidence, the court granted bail on a Rs10,000 bond with two sureties and imposed conditions regarding court attendance and surety composition.
Issues considered
- Whether bail should be granted in a case where charges have been framed for offences under Sections 126(2), 115(2), 308(2), 308(4), 308(5), 303(2) and 3(5) of the B.N.S.
- Whether the absence of a test identification parade and lack of incriminating material affect the bail decision
- Whether the petitioner’s alleged criminal antecedent justifies denial of bail
Legislation cited
- B.N.S. — s. 115(2), 126(2), 303(2), 308(2), 308(4), 308(5), 3(5)
Subjects
- bail
- criminal procedure
- extortion
- assault
- hearsay evidence
- charges framed
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87976 of 2025
Arising Out of PS. Case No.-372 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Ravi Shankar Kumar @ Amit Kumar S/o Sudhir Prasad R/o Village-
Atbalchak, P.S- Tharthari, Dist- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126 (2), 115(2), 308 (2), 308
(4), 308 (5), 303 (2) and 3 (5) of B.N.S.
3. As per the prosecution case, the petitioner along
with co-accused and two unknown persons is alleged to have
intercepted the informant on a public road, demanded money as
extortion and also assaulted him.
4. Learned counsel for the petitioner submits that the
name of the petitioner features in the First Information Report
on the basis of hearsay information given by the local villagers.
However, petitioner was never put on Test Identification Parade
and no incriminating article was recovered from his possession
Patna High Court CR. MISC. No.87976 of 2025(4) dt.25-02-2026
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and the petitioner has falsely been implicated on the basis of
suspicion and his antecedent out of which he has been
exonerated in six cases and is on bail in three cases. Petitioner is
in custody since 23.08.2025 and it has been submitted that
charges have been framed during the pendency of this bail
application.
5. Learned APP for the State opposed the bail petition
on the basis of allegation and criminal antecedent of the
petitioner.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that
charges have been framed and he undertakes to co-operate in the
trial, the above named petitioner is directed to be enlarged on
bail on furnishing bail bond of Rs10,000/- (Rupees 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 Noorsarai P.S. Case
No. 372 of 2025, subject to the conditions that :
(i) One of the bailors will be his close relative/family
members.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
Patna High Court CR. MISC. No.87976 of 2025(4) dt.25-02-2026
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failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(iii) The bail bond of the petitioner shall be accepted
only upon ensuring that charges have been framed, as such
submissions has been made before this Court.
(Soni Shrivastava, J)
vashudha/-
U T
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