Patna High Court
Ritik Raj GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Ritik Raj Gupta, was arrested in connection with a theft of a motorcycle that was later recovered from a scrap shop where he was allegedly seen dismantling parts. The prosecution alleged that he, along with another accused, was involved in the theft under Sections 303(2), 317(2) and 3(5) of the Bhartiya Nayay Sanhita. The petitioner argued that he had no prior criminal record, was merely a customer at the scrap shop, and was mistakenly apprehended as an associate of the shop owner who fled. The State opposed bail, contending the seriousness of the offences. Considering the petitioner’s lack of antecedents, the fact that he is not the shop owner, and the circumstances of his custody, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 303(2), 317(2) and 3(5) of the Bhartiya Nayay Sanhita given the facts of the case.
Subjects
- bail
- criminal procedure
- theft
- motorcycle
- Bhartiya Nayay Sanhita
- Sections 303, 317, 3
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14350 of 2026
Arising Out of PS. Case No.-896 Year-2025 Thana- FATUA District- Patna
======================================================
Ritik Raj Gupta S/O Santosh Prasad Village- Bankipur Gorakh, P.O. and P.S.-
Fatuha, Distt.- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate
For the Opposite Party/ : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Fatuha
P.S. Case No. 896 of 2025 dated 02.12.2025, registered for the
offence under Sections 303(2)/317(2) & 3(5) of the Bhartiya
Nayay Sanhita.
3. As per the prosecution case, the informant parked
his Pulsar motorcycle outside his house, when he came out he
found his motorcycle missing and started looking for it and
found that his motorcycle was at a scrap shop at Mosimpur
Kurtha. He saw scrap dealer Rocky Kumar, Sunny Kumar and
this petitioner dismantling the parts of the motorcycle, police
was informed, the police came and recovered the motorcycle.
This petitioner and Sunny Kumar were apprehended and were
brought to the police station while the scrap dealer Rocky
Patna High Court CR. MISC. No.14350 of 2026(2) dt.12-03-2026
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Kumar managed to flee away.
4. Learned counsel appearing for the petitioner
submits that the petitioner has no criminal antecedents and he is
in custody since 04.12.2025, charge-sheet has been submitted in
this case and there is no allegation of tampering and admittedly
he is not the owner of the scrap shop. Moreover, the petitioner
himself was a customer over there to purchase some old articles
from the scrap shop and when the police came Rocky Kumar,
the owner of the scrap shop, managed to flee away and the
petitioner was apprehended believing to be an associate of
Rocky Kumar.
5. Learned A.P.P. for the State, vehemently, opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the period of custody coupled with the fact that the
petitioner is not the owner of the scrap shop, let the, above
named, petitioner 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 learned ACJM-II, Patna City, in
connection with Fatuha P.S. Case No. 896 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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