Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the withdrawal of Ravi Kumar's anticipatory bail and granted provisional anticipatory bail to Raushan Kumar subject to specified conditions.
Summary
The petitioners, Ravi Kumar and Raushan Kumar, filed anticipatory bail applications in a case involving offences under several sections of the Bihar Penal Code and the Bihar Excise Act. Ravi Kumar sought to withdraw his anticipatory bail application, and the court permitted the withdrawal, dismissing his application as withdrawn. Raushan Kumar, fearing arrest, applied for anticipatory bail, claiming he was implicated merely due to his father's involvement and that he was not found in possession of contraband. The State opposed the bail, citing multiple pending charges and prior criminal antecedents. The court granted Raushan Kumar provisional anticipatory bail, subject to a bail bond of Rs.20,000 with two sureties, a six‑week period for surrender, and verification of his criminal antecedent, with the order to be confirmed only if his antecedent does not exceed four cases.
Issues considered
- Whether the anticipatory bail application of Ravi Kumar can be withdrawn.
- Whether anticipatory bail should be granted to Raushan Kumar given the nature of the offences and his criminal antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- withdrawal of bail
- provisional bail
- criminal antecedent
- Bihar Penal Code
- Bihar Excise Act
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91052 of 2025
Arising Out of PS. Case No.-1052 Year-2025 Thana- MAHUA District- Vaishali
======================================================
1. Ravi Kumar S/O Bashishth Ray R/O Village- Parsaunia, P.S- Mahua, Distt.-
Vaishali.
2. Raushan Kumar S/O Bashishth Ray R/O Village- Parsaunia, P.S- Mahua,
Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar \
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. Learned counsel for the petitioners seeks
permission to withdraw the anticipatory bail application with
respect to petitioner no. 1 Ravi Kumar.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
dismissed as withdrawn with respect to petitioner no. 1 Ravi
Kumar.
5. The petitioner no. 2 apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 132, 109, 262, 263, 352, 351(2) of BNS
Patna High Court CR. MISC. No.91052 of 2025(2) dt.12-01-2026
2/3
and Section 30(a) of the Bihar Excise Act.
6. Learned counsel for the petitioner submits that the
petitioner has antecedent of four cases out of which one case is
under the Excise Act and allegation is of recovery of 12.09 litres
of liquor from shop Bashisht Ray.
7. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is son of Bashisht Ray. It is
further submitted that Ravi Kumar was apprehended by the
police along with Bashisht Ray, but then the accused persons
including the petitioner made him free from the police custody.
It is also submitted that since petitioner has antecedent of one
case under the Excise Act, as such in a mechanical manner he
came to be implicated, when it is not a case of the prosecution
that petitioner was apprehended along with Ravi Kumar.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
9. Considering the submissions made by the learned
counsel for the petitioner, the petitioner No. 2, Raushan Kumar , in
the event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.91052 of 2025(2) dt.12-01-2026
3/3
20,000/- (Rupees Twenty Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where the
case is pending/successor court in connection with Mahua P.S.
Case No. 1052 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
10. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner no. 2 and in
the event if it is found that petitioner no. 2 has antecedent of more
than four cases then it would be presumed that petitioner no. 2, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed, but after verification if it is
found that petitioner no. 2 has antecedent of four cases in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…