Created by Fuzzy Cloud

Patna High Court

Ritesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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


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.