Patna High Court
Ravi Raushan @ Ravi Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioners subject to strict conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Ravi Raushan and Rahul Kumar, sought bail fearing arrest in a case (Sigori P.S. Case No.147 of 2024) involving alleged assault, attempted shooting, and theft, with offences listed under Sections 115(2), 117(2), 126(2), 109, 303(2), 76 and 3(5) of the Bharatiya Nyaya Sanhita. The FIR described a dispute over drainage that escalated into violence, but the petitioners claim they were falsely implicated and that the injuries to the complainant were simple. The State opposed bail, while the petitioners' counsel highlighted their lack of criminal antecedents and the absence of any Arms Act charge. The Court considered the nature of the injuries, the petitioners' clean record, and the statutory power under Section 482(2) of the BNSS to grant bail. Accordingly, the Court ordered bail on a bond of Rs.10,000 each with two sureties and imposed conditions regarding court appearances, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether the petitioners are entitled to bail in view of the nature of the alleged offences and their personal circumstances
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nyaya Sanhita are appropriate
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 482(2), 76
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- simple injuries
- no criminal antecedent
- assault
- attempted shooting
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89880 of 2025
Arising Out of PS. Case No.-147 Year-2024 Thana- SIGAUDI District- Patna
======================================================
1. Ravi Raushan @ Ravi Raushan Kumar Son of Sanjay Yadav Resident of
Village - Karauti, P.S.- Sigori, District - Patna.
2. Rahul Kumar Son of Sanjay Yadav Resident of Village - Karauti, P.S.-
Sigori, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Sigori P.S. Case No.147 of 2024, dated
10.11.2024 case registered for the offence punishable under
Sections 115(2), 117(2), 126(2), 109, 303(2), 76, 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the FIR, on account of a dispute over
drainage, the petitioners and other co-accused persons allegedly
attacked the informant. Petitioner No. 1 is alleged to have fired
from a pistol; however, the same misfired. Petitioner No. 2 is
alleged to have assaulted the informant with an iron rod. When the
wife of the informant intervened, she was also assaulted; her
clothes were torn, and her gold chain was allegedly snatched by
the accused persons.
Patna High Court CR. MISC. No.89880 of 2025(3) dt.23-02-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. He further submits that both the sides are agnates and
there is a case and counter case between the parties. It is the case
of the petitioners that after an FIR was lodged by the sister of the
petitioner against the informant and others, the present case has
been instituted by the informant as a counterblast and as a cover-
up. It is next submitted that during the course of the alleged
occurrence, the informant’s sister is said to have sustained head
injuries; however, the same are simple in nature. It is further
submitted that although the allegation against Petitioner No. 1 is
that he fired from a pistol and the same misfired, but no offence
under the Arms Act has been invoked in the present case. Lastly, it
is submitted that the petitioners have no criminal antecedents.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Taking into account that the injuries sustained by
the injured is simple in nature and the petitioners have no criminal
antecedent, let the above named petitioners, be released on bail, in
the event of their arrest or surrender before the learned Court
below within a period of six weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
Patna High Court CR. MISC. No.89880 of 2025(3) dt.23-02-2026
3/3
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate 1st Class, Danapur, Patna/Successor Court in
connection with Sigori P.S. Case No.147 of 2024, subject to the
conditions as laid down under Section 482(2) of the BNSS as well
as the following conditions:
(i) One of the bailors should be the family
member/relative/ known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of
his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
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