Ravish Kumar @ Rabish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85560 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- MUSRIGHRARI District- Samastipur ====================================================== Ravish Kumar @ Rabish Kumar, Son of Kishundev Singh, Resident of Village - Mathura, Ward No. 05, P.S. - Bidupur, Distt. - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Adv.
For the Opposite Party/s :
Mr. Umesh Lal Verma, Addl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 08-01-2026 Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in connection with Musarigharari P.S. Case No. 64 of 2025 registered for the offence(s) punishable under Section(s) 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and Section(s) 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, the informant received a secret information that the accused/Randhir Kumar @ Bablu Singh was planning to commit a robbery with other accused persons. On such information, the police conducted a raid and apprehended two persons including the present
2/4 petitioner while others managed to escape. It is further alleged that one country made pistol and three live cartridges were recovered from the possession of the petitioner.
4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no such recovery or seizure has been made from his conscious possession. It has next been submitted that there is noncompliance of Sections 103 and 105 of the B.N.S.S. in making such seizures. It has lastly been submitted that the petitioner has only been implicated in this case only because he carries long list of eight criminal antecedents against his name and he is in custody since 17.05.2025.
5. The learned Addl. Public Prosecutor for the State has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances of the case and taking note of the fact that the petitioner has remained in custody since 17.05.2025, let the petitioner, abovenamed, be released on bail on his furnishing bail bond of Rs. 10,000/- (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 Musarigharari P.S. Case No. 64 of 2025, subject to the following
3/4 conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be a local resident. (ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation. (iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the concerned Court.
(iv) If the petitioner, in future, is found to be involved in similar nature of offence(s), the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The concerned Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that he has concealed his criminal antecedent, the Court concerned shall take necessary steps for cancellation of his bail bond. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (vi) In view of the antecedent of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Samastipur within fifteen (15) days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the concerned Superintendent of Police and if it is found wanting in any respect, a report shall be made to the Court concerned by him to initiate a proceeding for cancellation of bail of the petitioner for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the Court concerned.
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7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Praveen-II/- U T