Created by Fuzzy Cloud

Patna High Court

Ritik Raj GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                      2/2




                    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


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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