IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24158 of 2026 Arising Out of PS. Case No.-36 Year-2026 Thana- KALYANPUR District- East Champaran ====================================================== Ravi Kumar Son of Shri Bhagwan Prasad @ Bhagwan Parsad R/o Village - Vishambharpur, P.S. - Kalyanpur, Dist. - East Champaran.... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 15-04-2026 Heard Mr. Suraj Kumar Tiwari, learned counsel for the petitioner as well as Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 25.01.2026 in connection with Kalyanpur P.S. Case No. 36 of 2026, F.I.R. dated 24.01.2026 for the offences punishable under Sections 287, 316(2), 318(4) 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 3 and 4 of Explosive Substance Act, 1955 and Section 7 of Essential Commodities Act, 1955. 3. According to prosecution case, on secret information when the police reached the place of occurrence, they saw two persons running away. The police tried to caught them but one of them escaped. The apprehended person disclosed him as the petitioner. On search, the police recovered 9 tin drums, in which liquids like petrol with total quantity of 1980 litre were kept there. Patna High Court CR. MISC. No.24158 of 2026(2) dt.15-04-2026 2/3 One drum diesel type liquids a total of 220 L were kept and four unfilled drums which smell like petrol were found and a tin measuring aluminum equipment of lire with a plastic pump were also found. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the FIR that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the hut in question and petitioner is not absolute owner of the said hut rather the hut belongs to the joint possession property of the petitioner's family. He next submits that there is non-compliance of Section 103 of BNSS and the petitioner is in custody since 25.01.2026. 5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is non-compliance of Section 103 of BNSS and petitioner is not absolute owner of the hut in question, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, East Champaran, Motihari in Patna High Court CR. MISC. No.24158 of 2026(2) dt.15-04-2026 3/3 connection with Kalyanpur P.S. Case No. 36 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Suruchi/- (Rajesh Kumar Verma, J) U T