Patna High Court
Ravi shankar sahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners subject to surrender within eight weeks and the stipulated bail conditions.
Summary
Petitioners Ravi Shankar Sah and Swati Devi sought bail fearing arrest in a case registered under Sections 137(2), 96, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that on 19 June 2025 the daughter of an informant was kidnapped by co‑accused Navin Kumar, Samso Kumar and Sonu Kumar Gupta, and that the petitioners had only abused and scuffled with the informant when he approached Navin Kumar’s house. The petitioners contended that the FIR does not charge them with kidnapping, only with assault, and they have a clean antecedent. The State opposed the bail. The Court, after considering the facts, ordered that the petitioners be released on bail upon surrender within eight weeks, furnishing a bail bond of Rs 10,000 each with two sureties, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to bail despite the allegations of assault and the alleged involvement in a kidnapping case
- Whether the charges under Sections 137(2), 96, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, justify denial of bail
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be invoked to grant bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 351(2), 96
Subjects
- bail
- kidnapping
- assault
- criminal procedure
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9150 of 2026
Arising Out of PS. Case No.-197 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
1. Ravi shankar sah Son of Arjun Sah @ Arjun Prasad Sah Resident Of
Village- Hajipur, Ward No 20, Ps- Khagaria, District- Khagaria
2. Swati Devi Wife of Ravi Shankar Sah Resident Of Village- Hajipur, Ward
No 20, Ps- Khagaria, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Ranjan, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 137(2), 96, 351(2),
3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on 19.06.2025 at about
4 AM, daughter of informant had gone to attend the call of
nature, in the meantime, co-accused Navin Kumar, Samso
Kumar and Sonu Kumar Gupta came and forcibly kidnapped
her. It is further alleged that when informant went to house of
co-accused Navin Kumar to make complain, he was abused and
assaulted by these petitioners and other co-accused persons.
Patna High Court CR. MISC. No.9150 of 2026(2) dt.11-02-2026
2/2
4. Learned counsel for the petitioners submits that as
per F.I.R. itself, specific accusation of kidnapping is against co-
accused Navin Kumar, Samso Kumar and Sonu Kumar Gupta.
This petitioners are only alleged to have abused and scuffled
with informant when he went to house of co-accused Navin
Kumar to make complain against kidnapping of his daughter.
There is no allegation of kidnapping against these petitioners.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned C.J.M., Khagaria in connection with
Khagaria P.S. Case No. 197 of 2025, subject to condition as laid
down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Jyoti Kumari/-
U T
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