Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the appellant is not entitled to bail and dismissed the appeal.
Summary
The appellant, Ritesh Kumar, was charged under Sections 103(1) and 61(2) of the BNS for allegedly firing at a deceased person, who was later killed by another individual, Ashish Kumar. He was in custody from 15 April 2025 and applied for bail in a Special Child Case. The trial court denied bail, prompting an appeal to the Patna High Court. The High Court examined the prosecution's case and the circumstances of the alleged offence. Finding no sufficient ground to justify release, the Court upheld the lower court's decision and dismissed the appeal.
Issues considered
- Whether bail should be granted to the appellant under Sections 103(1) and 61(2) of the BNS in the present facts.
Legislation cited
- BNS — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- Sections 103(1) BNS
- Section 61(2) BNS
- Special Child Case
- appeal
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3904 of 2025
Arising Out of PS. Case No.-90 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Ritesh Kumar S/o Rajesh Das @ Rajesh Ram R/o Village_ Medni Nagar, P.S.-
Chautham, DIstt.- Khagaria, through his father namely Rajesh Das @ Rajesh
Ram, S/o Sakal Dev Ram, R/o vill- Medni Nagar, P.s.- Chautham, Distt.-
Khagaria
... ... Appellant/s
Versus
The State of Bihar Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ranjeet Kumar Singh
For the Respondent/s : Mr.Bal Mukund Prasad Sinha
For the Informant : Mr. Shailendra Kumar Singh.
Mrs. Seema Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 06-01-2026 Heard the parties including the learned counsel for
the informant.
2. This appeal has been preferred against the order
dated 13.08.2025 passed in Criminal Bail application no. 282 of
2025 in Special Child Case No. 03 of 2025 arising out of
Chautham P.S. Case No. 90 of 2025 registered for the offence
under Sections 103(1), 61(2) of BNS by the learned District and
Additional Sessions Judge-1st-cum Special Judge, Khagaria.
3. As per the prosecution case, it has been alleged
against the appellant that the appellant has fired at the deceased
and thereafter the deceased was killed by one Ashish Kumar.
4. The appellant is in custody since 15.04.2025.
Patna High Court CR. APP (SJ) No.3904 of 2025(4) dt.06-01-2026
2/2
5. In the facts of the case, this court finds no ground to
grant the petitioner the benefit of bail.
6. Accordingly, this appeal stands dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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