Patna High Court
Ritesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
Ritesh Yadav applied for bail in a case registered as Udwantnagar P.S. Case No. 495 of 2025, alleging offences under Sections 103(1) and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution alleged that the petitioner, along with others, killed the informant’s father, motivated by a personal dispute involving an affair. The petitioner contended that he was falsely implicated, pointing out the absence of eyewitnesses, the presence of six assailants, and that the FIR was based merely on suspicion and his prior criminal record. The State opposed bail, highlighting six pending criminal cases against the petitioner. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, and ordered his release.
Issues considered
- Whether bail can be granted when the accusation is based primarily on suspicion and the petitioner has multiple prior criminal cases
- Whether the presence of prior criminal antecedents under Section 438 of the CrPC warrants denial of bail
- Whether the nature of the alleged offences under the B.N.S., 2023 and the Arms Act justifies denial of bail
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal antecedent
- suspicion
- Arms Act
- murder
- Criminal Procedure Code
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21964 of 2026
Arising Out of PS. Case No.-495 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Ritesh Yadav S/O Narad Muni Yadav Resident of Padminiya Achrajlal Ke
Tola, P.S - Krishnagarh,Dist- BHojpur Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarveshwar Tiwary, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Udwantnagar P.S. Case No. 495 of 2025 registered for the
offence punishable under Sections 103(1), 3(5) of the B.N.S.,
2023 and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that some
unknown miscreants have killed the father of the informant. The
informant believes that the petitioner along with others has
killed his father, as the son of the informant was having an affair
with the daughter of Sriram Yadav.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.21964 of 2026(2) dt.17-04-2026
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case. He also submits that from perusal of the FIR, it is clear
that there is no eye witness to the occurrence and the name of
this petitioner has been framed in this case only on the basis of
suspicion. He further submits that from perusal of the FIR, there
are altogether six assailants and from perusal of the post-
mortem report, it is clear that the deceased has received three
gunshot injuries. He further submits that he has been framed in
this case due to his criminal antecedents. Moreover, the
petitioner is languishing in judicial custody since 14.10.2025.
Learned counsel has further submitted that similarly situated
other co-accused person, namely, Bhola Yadav has been granted
bail by this court vide Cr. Misc. No. 18693 of 2026. The case of
this petitioner stands on similar footing.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of six cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Patna High Court CR. MISC. No.21964 of 2026(2) dt.17-04-2026
3/3
Judicial Magistrate, Bhojpur at Ara in connection with Udwant
Nagar P.S. Case No. 495 of 2025.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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