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Patna High Court

Ravi Shankar Kumar @ Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                         3/3




                       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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