Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
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
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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
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