Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners sought anticipatory bail in a case (Kesariya P.S. Case No.364 of 2025) where they were accused of assault, molestation, and theft under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners participated in an attack on the informant’s in‑laws and stole a gold chain. The petitioners contended they were falsely implicated, that the specific allegations against them were uncorroborated, and highlighted an inordinate delay between the alleged incident (18‑07‑2025), the written report (30‑07‑2025) and the FIR (08‑08‑2025). The State opposed the bail. Considering the lack of concrete evidence, the delay in filing the FIR, and the petitioners’ willingness to cooperate, the court ordered their release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted despite the seriousness of the charges under the Bharatiya Nagarik Suraksha Sanhita.
- Whether the delay in lodging the FIR constitutes a sufficient ground for bail.
- Whether the allegations against the petitioners are sufficiently substantiated to deny bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita can be invoked to grant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 189(2), 190, 303(2), 482(2), 76
Subjects
- anticipatory bail
- delay in FIR
- false implication
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal charges
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17778 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- KESARIA District- East Champaran
======================================================
1. Ritesh Kumar Son of Mandeshwar Rai Resident Of Village - Bairiya, Ps-
Kesariya, Dist- East Champaran
2. Anish Kumar @ Awnish Kumar (Wrongly Kumara ) @ Dara Son of Late Jai
Lall Rai Resident Of Village - Bairiya, Ps- Kesariya, Dist- East Champaran
3. Raja Kumar @ Raja Rai Son of Sundeshwar Rai Resident Of Village -
Bairiya, Ps- Kesariya, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate.
For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Kesariya P.S. Case No.364 of 2025 instituted under
Sections 189(2), 126(2), 115(2), 109, 117(2), 118(1), 76, 303(2),
190 of the B.N.S., 2023.
3. As per the prosecution case, when the in-laws of
informant, namely, Rajdeo Rai and Awadh Rai were returing to
their house after some agricultural work, the petitioners and
other co-accused persons intercepted them. It is alleged that all
the accused persons including the petitioner assaulted the
Patna High Court CR. MISC. No.17778 of 2026(2) dt.25-03-2026
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informant and her in-laws with intention to kill. Co-accused
Manish Kumar gave twice blow of farsa upon the head of
Rajdeo Rai causing injury. Specific allegation against petitioner
no.2 is that he alongwith co-accused Nitesh Kumar had caused
injury on injured Rajdeo Rai on his leg and hand whereas
petitioner no.1 had molested the informant. It is further alleged
that accused persons snatched gold chain worth Rs.1,00,000/-
from the husband of informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. He further submits that there is no specific allegation
against the petitioners rather the specific allegation is made
against co-accused Manish Kumar that he gave farsa blow on
Rajdeo Rai. The allegation against petitioner no.2 is that he
alongwith co-accused Nitesh Kumar had caused injury on
injured Rajdeo Rai on his leg and hand is not corroborated by
the medical report. The allegation against petitioner no.1 is that
he molested the informant is an afterthought and the allegation
against petitioner no.3 that he has snatched gold chain is
ornamental in nature. Learned counsel submits that there is
inordinate delay in lodging the F.I.R. without any plausible
explanation as the alleged occurrence took place on 18.07.2025
Patna High Court CR. MISC. No.17778 of 2026(2) dt.25-03-2026
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and the written report was given only on 30.07.2025 and the
F.I.R. was lodged on 08.08.2025. He further submits that
petitioners have one criminal antecedent and they undertake to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the fact
that there is inordinate delay in lodging the F.I.R., in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
learned J.M. 1st Class, East Champaran, Motihari/ concerned
Court in connection with Kesariya P.S. Case No.364 of 2025,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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