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Patna High Court

Ritik Kumar @ Ritik RawatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond and conditions, finding the contradictions in the evidence sufficient to justify bail.

Summary

The petitioner, Ritik Kumar, was charged under Sections 115(2), 126(2), 109 and 118(2) of the Bhartiya Nyaya Sanhita, 2023, for allegedly assaulting an informant’s brother, resulting in a reported head injury. During investigation, the charge of murder (Section 302 IPC/Section 103(1) BNS) was added. The petitioner sought anticipatory bail, arguing that the case diary, CCTV footage and the post‑mortem report, which showed no external injuries and a cause of death as cardiac‑respiratory failure, contradicted the FIR. The State opposed bail, relying on the same post‑mortem findings to assert the seriousness of the offence. The Court noted the inconsistency between the FIR and medical evidence and, considering the petitioner’s willingness to comply with conditions, granted anticipatory bail subject to a bond of Rs 30,000 and other conditions under Section 482(2) of the BNS.

Issues considered

  • Whether anticipatory bail should be granted in a case where the FIR alleges assault causing head injury but the post‑mortem report shows no external injuries and attributes death to cardiac‑respiratory failure.
  • Whether the addition of a murder charge (Section 302 IPC/Section 103(1) BNS) precludes the grant of anticipatory bail under the Bhartiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • murder
  • post-mortem report
  • Bhartiya Nyaya Sanhita
  • criminal procedure
  • evidence contradiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13569 of 2026
                        Arising Out of PS. Case No.-247 Year-2025 Thana- JHAJHA District- Jamui
                 ======================================================
                 Ritik Kumar @ Ritik Rawat S/o- Arun Rawat @ Arun Ravat Vill- Sohjana
                 Rawat Tola, P.S- Jhajha, Dist- Jamui

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brajesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   29-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Jhajha P.S. Case No. 247 of 2025, dated 25.05.2025,

                   lodged under Section 115(2), 126(2), 109 & 118(2) of the

                   Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,

                   2023”).

                                3. As per the prosecution, FIR has been lodged

                   against the present petitioner alleging that the petitioner

                   assaulted the informant’s brother, Mohit Kumar, as a result of

                   which he sustained a head injury, fell down, and was thereafter

                   taken to hospital.

                                4. Learned counsel for the petitioner submits that, in
Patna High Court CR. MISC. No.13569 of 2026(3) dt.29-04-2026
                                            2/3




          the present case, subsequently Section 302 of the Indian Penal

          Code/Section 103(1) of the BNS has been added. Counsel

          further submits that the petitioner is innocent and has committed

          no offence. Counsel further submits that the criminal antecedent

          of the petitioner is not clean, as two criminal cases are pending

          against him in which he is on bail. Counsel further submits that

          during investigation, materials have come on record in the case

          diary which would show that the petitioner is innocent. Counsel

          further submits that the person who was sitting with him on the

          motorcycle, as mentioned in paragraphs 3 and 4 of the case

          diary, is in contradiction with the fardbeyan. Counsel further

          submits that, as per paragraph 26 relating to CCTV footage, the

          incident/accident has been identified. Counsel further submits

          that for this reason the case diary has been called for, including

          the post-mortem report. Counsel also submits that the petitioner

          is ready to abide by and fulfill all the conditions that may be

          imposed.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that the case diary has been

          called for and, from the post-mortem report, it has been

          indicated that no external injury has been found on the body and

          that the cause of death is cardiac respiratory failure. Counsel
          Patna High Court CR. MISC. No.13569 of 2026(3) dt.29-04-2026
                                                      3/3




                    fairly submits that, in light of the post-mortem report and the

                    case diary, the fardbeyan does not appear to be correct.

                                 6. In the present facts and circumstances of this case,

                    as well as considering the contradiction in the FIR regarding the

                    alleged head injury and the post-mortem report, wherein it has

                    been found that there is no external injury on the entire body, let

                    the above-named petitioner be released on anticipatory bail, in

                    the event of arrest or surrender before the Trial Court within a

                    period of 4 weeks from today, on furnishing bail bond of

                    Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

                    2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial

                    Magistrate (CJM), Jamui, in connection with Jhajha P.S. Case

                    No. 247 of 2025, subject to the conditions as laid down U/s

                    482(2) of the BNSS, 2023.



                                                                   (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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