Created by Fuzzy Cloud

Patna High Court

Ritesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Ritesh Kumar was arrested on 18 October 2025 in connection with FIR dated 9 October 2025 for offences under several sections of the BNS, 2023, including assault and robbery. The prosecution alleged that the accused, armed with deadly weapons, entered the informant's house, looted and brutally assaulted her. The petitioner contended that the FIR contains no specific allegation against him, only a generic charge against all accused, and that he is innocent. The informant and the State opposed bail, citing his alleged active participation and three prior criminal antecedents, though he is on bail in other matters. The court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
  • Whether the general allegation in the FIR suffices to justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • weapon offence
  • general allegation
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11665 of 2026
                 Arising Out of PS. Case No.-407 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
                 Ritesh Kumar S/O Vijay Ray R/O Village- Lawapur, P.S. and Distt.-
                 Samastipur                                         ... ... Petitioner/s
                                             Versus
                 The State of Bihar                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Surya Narayan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, APP
                 For the Informant        :       Ms. Ayushi Gupta, Advocate
                                                  Mr. Sunil Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   29-04-2026                      Heard Mr. Surya Narayan Kumar, learned counsel for

                   the petitioner, Ms. Ayushi Gupta, learned counsel for the

                   informant and Mr. Ram Sevak Choudhary, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   18.10.2025 in connection with Patori P.S. Case No. 407 of 2025,

                   F.I.R. dated 09.10.2025            for the offences punishable under

                   Sections 126(2), 115(2), 117(2), 109, 303(2), 352, 351(2) and 3(5)

                   of the BNS, 2023.

                               3.     According to prosecution case, all the accused

                   persons including this petitioner armed with deadly weapons

                   entered into the house of the informant to commit loot and also

                   brutally assaulted the informant.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.11665 of 2026(3) dt.29-04-2026
                                            2/3




          present case. He further submits that it appears from the FIR that

          the FIR is in two parts. According to part one, there is direct and

          specific allegation against the co-accused, namely, Roshan Kumar

          that he has assaulted to the informant by means of pistol butt and

          according to part two, there is allegation that the petitioner and

          other accused persons have also assaulted to the informant. He

          further submits that it appears from the FIR that there is no

          specific allegation of assault or overt act against the petitioner

          rather there is general and omnibus allegation against all the

          accused persons including the petitioner. He further submits that

          the police after investigation submitted the charge sheet against

          the petitioner. The petitioner is in custody since 18.10.2025.

                      5. The learned counsel for the informant as well as

          learned Additional Public Prosecutor have vehemently opposed

          the prayer for bail of the petitioner and submits that the petitioner

          has actively participated in the present crime in question and he

          has assaulted to the informant. Apart from that the petitioner

          carries three criminal antecedents other than the present one but

          fairly submits that he is on bail in all the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          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 ACJM,
            Patna High Court CR. MISC. No.11665 of 2026(3) dt.29-04-2026
                                                        3/3




                      Samastipur/concerned court in connection with Patori P.S. Case

                      No. 407 of 2025, 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.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.