Patna High Court

Ritesh Kumar SinghversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail on furnishing a bond of Rs 10,000 with two sureties.

Summary

Ritesh Kumar Singh was charged under Section 303(2) of the B.N.S., 2023 for the alleged theft of an informant's bike. The prosecution alleged that unknown miscreants stole the bike, and a co‑accused, Boby Kumar, gave a confessional statement implicating the petitioner. The court noted that no material was recovered from the petitioner and that the bike was found behind the petitioner’s shop, but the seizure list indicated recovery from a maize field, casting doubt on the evidence. The petitioner had been in judicial custody since 9 October 2025 and argued that he was falsely implicated, while the State opposed bail citing two prior criminal antecedents. Considering the lack of substantive evidence, the grant of bail to a similarly situated co‑accused, and the duration of custody, the court ordered bail on a bond of Rs 10,000 with two sureties. The bail order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

Whether the petitioner is entitled to bail under Section 303(2) of the B.N.S., 2023 despite the co‑accused’s confessional statement and the petitioner’s prior criminal antecedents.

Legislation cited

B.N.S., 2023 — s. 303(2)

Subjects

bail
criminal procedure
confessional statement
prior criminal antecedents
Section 303(2)
B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10278 of 2026
                     Arising Out of PS. Case No.-137 Year-2025 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Ritesh Kumar Singh S/o Late Bhagwan Singh R/o Village - Chautham, P.S. -
                 Chauthamn, District - Khagaria


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   10-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Chautham P.S. Case No. 137 of 2025, G.R. No. 1511 of

                   2025 registered for the offence punishable under Section 303(2)

                   of the B.N.S., 2023

                                3. The case of the prosecution, in short, is that some

                   unknown miscreants have lifted the bike of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the FIR was lodged against unknown

                   miscreants. During the course of investigation, one Boby Kumar
Patna High Court CR. MISC. No.10278 of 2026(3) dt.10-04-2026
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          was apprehended and he has given his confessional statement in

          which he has named this petitioner. From perusal of the order of

          the learned trial court, it transpires that the informant’s bike was

          recovered from the possession of this petitioner but from perusal

          of the seizure list, it shows that the recovery was made behind

          the shop of Ritesh Kumar from a maize field. He further submits

          that nothing has been recovered from the possession of this

          petitioner. Save and except the confessional statement of co-

          accused namely, Boby Kumar, there is nothing against the

          petitioner. Similarly situated other co-accused person namely,

          Boby Kumar has been granted bail by this court vide Cr. Misc.

          No. 17218 of 2026. Moreover, the petitioner is languishing in

          judicial custody since 09.10.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner has two criminal

          antecedents.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Chief
           Patna High Court CR. MISC. No.10278 of 2026(3) dt.10-04-2026
                                                       3/3




                     Judicial Magistrate, Khagaria in connection with Chautham P.S.

                     Case No. 137 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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