Raviraj Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Raviraj Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1 cum Additional Munsif, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 285 of 2024.

Issue for consideration

Whether the petitioner, in custody in connection with Mohiuddin Nagar P.S. Case No. 285 of 2024 (offences under the cited sections of the BNS Act and Section 27 of the Arms Act), should be released on regular bail.

Court's answer

On perusal of the FIR, case diary and the impugned order, the allegation against the petitioner is only that he told Bambam Singh @ Navneet that he was in the house of Sourav eating in a feast, and while Bambam Singh @ Navneet was abusing Saurav Kumar on the phone, the petitioner put his phone on speaker, due to which scuffling took place and the incident happened; the petitioner was not present at the place of occurrence.

Ratio / Principle

The only allegation against the petitioner is that he had put his phone on speaker, as mentioned in para 20 of the case diary; considering that the petitioner is having clean antecedents, he was held fit to be released on bail.

Key takeaways

The petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1 cum Additional Munsif, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 285 of 2024.ratio¶¶18

Detailed headnote1 paragraphs

Bail — Regular bail granted (Patna High Court, Ramesh Chand Malviya, J., 03-09-2025) — Petitioner in custody in Mohiuddin Nagar P.S. Case No. 285 of 2024 for offences under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 118(1), 118(2), 109, 103(1), 61(2), 352, 351(2) (3) of BNS Act and Section 27 of the Arms Act — On perusal of the FIR, case diary and impugned order dated 25.04.2025, the Court found the allegation against the petitioner was only that he told Bambam Singh @ Navneet that he was eating at a feast in Sourav's house and, while Bambam Singh abused Saurav Kumar on the phone, the petitioner put his phone on speaker, leading to the scuffling and incident — Petitioner was not present at the place of occurrence — Considering his clean antecedents, petitioner released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1 cum Additional Munsif, Samastipur.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44298 of 2025

Arising Out of PS. Case No.-285 Year-2024 Thana- MOHIUDDIN NAGAR DistrictSamastipur

======================================================

Raviraj Kumar S/o Raghunath Mahto Village- Hemanpur Sivaisinghpur, aged about 28 years, PS- Mohiuddin Nagar, Distt.- Samastipur

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dhananjai Kumar Singh, Adv For the Informant : Mr. Pramod Kumar Singh, Adv Mr. Pravin Kumar, Adv For the Opposite Party/s : Ms. Nirmala Kumari APP (Inc) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 03-09-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is in custody in connection with Mohiuddin Nagar P.S Case No. 285 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 118(1), 118(2), 109, 103(1), 61(2), 352, 351(2) (3) of BNS Act and Section 27 of the Arms Act.

As per allegation in the FIR, petitioner along with the other accused persons have assaulted the informant’s son namely Gaurav and one of his friend namely Saurav with lathidanda and one of the accused person fired gunshot upon Gaurav due to which he died and Saurav is being treated in PMCH, Patna

Patna High Court CR. MISC. No.44298 of 2025(3) dt.03-09-2025 2/3

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that there is no allegation of any overt-act attributed to the petitioner in any manner and only because on account of being invited as neighbor, he was also present in the said function and was having meal. He further submits that his name has been figured only on the basis of suspicion. He further submits that there is several land dispute between the informant and the petitioner. He further submits that petitioner has no enmity from either side in any manner. It is also submitted that petitioner is in judicial custody since 21.02.2025 having clean antecedent.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of the FIR, case diary and the impugned order dated 25.04.2025, it appears that allegation upon the petitioner is only that he told Bambam Singh @ Navneet that he is in the house of Sourav eating in feast then Bambam Singh @ Navneet started abusing Saurav Kumar on the phone and when he was abusing, Raviraj (present petitioner) put his phone on speaker due to which scuffling took place between both the parties and the incident happened but petitioner was not present

Patna High Court CR. MISC. No.44298 of 2025(3) dt.03-09-2025 3/3

at the place of occurrence and the only allegation against the petitioner is that he had put his phone on speaker which is mentioned in para 20 of the case diary, so, considering the fact the petitioner is having clean antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1 cum Additional Munsif, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 285 of 2024.

(Ramesh Chand Malviya, J)

Sunnykr/-

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