Patna High Court
Ravi Shankar (Mukhiya)versusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties.
Summary
Ravi Shankar, a village Mukhiya, applied for regular bail in a case registered under sections 103(1), 61(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023 and section 27 of the Arms Act. The prosecution alleged that three youths fired a weapon, causing the death of Manohar Sharma. The petitioner contended that he was not named in the FIR and was falsely implicated based on a spy’s statement linking him to one of the accused. He had been in custody since 28 September 2025 and no material evidence connected him to the crime. After hearing both sides, the court held that the petitioner was eligible for bail and ordered his release on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Sitamarhi.
Issues considered
- Whether the petitioner, who is not named in the FIR, is entitled to regular bail despite the seriousness of the charges.
- Whether the material gathered during investigation justifies continued detention.
- Whether the duration of custody without substantive evidence warrants bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- regular bail
- false implication
- criminal procedure
- Bhartiya Nyay Sanhita
- Arms Act
- chargesheet
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91603 of 2025
Arising Out of PS. Case No.-462 Year-2025 Thana- DUMRA District- Sitamarhi
======================================================
Ravi Shankar (Mukhiya) S/o Mr. Prem Shankar Thakur R/o vill - Radhaur,
P.S.- Sursand, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Mudit Meet, Advocate
Mr.Purushottam Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Dumra P.S. Case no. 462
of 2025 registered under sections 103(1), 61(2) and 3(5) of the
Bhartiya Nyay Sanhita, 2023 and section 27 of the Arms Act.
3. As per the prosecution case, the informant states
that three accused persons aged about 20-25 years came on a
motorcycle and as a result of firing resorted to by one of them,
his cousin (chachera) brother Manohar Sharma sustained
serious injuries and on being taken to the hospital, was declared
dead.
4. Learned counsel appearing for the petitioner
submits that the petitioner is not named in the FIR. He was
Patna High Court CR. MISC. No.91603 of 2025(4) dt.01-04-2026
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falsely implicated in the case in course of investigation on the
statement of a spy to the effect that accused Ranjan Pathak used
to stay in the house of the petitioner. It is submitted that no
material has transpired in course of investigation to connect the
petitioner with the alleged crime. The petitioner is in custody
since 28.9.2025 and undertakes to cooperate in the
investigation/trial. The cause of false implication of the
petitioner is his antecedents.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking
into consideration the allegations against the petitioner in the F.I.R.
the material that has transpired in course of investigation, the
petitioner being in custody since 28.9.2025 and chargesheet having
been submitted in the case, the Court directs the petitioner to be
enlarged on bail in connection with Dumra P.S. Case no. 462 of 2025
on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Sitamarhi.
(Partha Sarthy, J)
Bibhash
U T
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