Patna High Court
Ritik Raj @ Lilli @ LiliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail must be granted as the petitioner’s detention was unjustified in view of the lack of material evidence and the filing of the charge‑sheet.
Summary
The petitioner, Ritik Raj, was arrested in connection with a case registered under section 304(2) of the Bharatiya Nyaya Sanhita, 2023, alleging that he participated in the snatching of a mobile phone. The prosecution’s case relied on the confessional statements of co‑accused Ritesh Kumar and Siddhartha Gupta, who named the petitioner as part of the group, but no incriminating article was recovered from him and he was never produced before a T.I. parade. The petitioner had been in custody since 17‑10‑2025 and a charge‑sheet had already been filed. The learned Additional Public Prosecutor opposed bail, but the court noted the lack of material evidence, the petitioner’s prolonged pre‑trial detention, and the filing of the charge‑sheet. Consequently, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, directing the Magistrate‑II, Patna to process the bail.
Issues considered
- Whether regular bail should be granted in a case under section 304(2) of the Bharatiya Nyaya Sanhita when the charge‑sheet is filed and no incriminating article is recovered.
- Whether the confessional statements of co‑accused alone suffice to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 304(2)
Subjects
- regular bail
- section 304(2)
- Bharatiya Nyaya Sanhita
- confessional statement
- charge sheet
- pre‑trial detention
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13436 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- SACHIVALAYA District- Patna
======================================================
Ritik Raj @ Lilli @ Lili, S/o- Ajeet Kumar, Resident of Staff Quarter No-50,
Raj Bhawan, P.S.-Sachivalaya, District-Patna, State-Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar Singh, Advocate
Mr. Amit Kumar Singh, Advocate
Mr. Aishwarya Shankar, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sachivalaya P.S. Case
no.202 of 2025, registered under section 304(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that two accused persons on a motorcycle snatched and took
away his mobile phone.
4. Learned counsel for the petitioner submits that the
F.I.R. was registered against unknown. Referring to the order of
the learned trial Court it is submitted that the name of the
petitioner transpired in the confessional statement of co-accused
Ritesh Kumar and Siddhartha Gupta. The confessional
Patna High Court CR. MISC. No.13436 of 2026(2) dt.12-03-2026
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statements form part of the F.I.R. and are available on pages 20
and 21 of the petition wherein once again the co-accused in their
statements before police have only named the petitioner herein
as being part of the group. It is submitted that the petitioner
have been falsely implicated in the case because of his
antecedents. No incriminating article has been recovered from
the petitioner’s possession nor has the petitioner been put on T.I.
Parade. He is in custody since 17.10.2025 and charge-sheet has
been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
contents of the order of the learned trial Court, the confessional
statement of co-accused Ritesh Kumar and Siddhartha Gupta,
the petitioner not having been put on T.I. Parade inspite of his
being in custody for over 4 months since 17.10.2025 and
charge-sheet having been submitted in the case, the petitioner is
directed to be enlarged on bail in connection with Sachivalaya
P.S. Case no.202 of 2025, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Chief Judicial
Patna High Court CR. MISC. No.13436 of 2026(2) dt.12-03-2026
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Magistrate-II, Patna.
(Partha Sarthy, J)
avinash/-
U T
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