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Patna High Court

Ritesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted, subject to a bond and specific conditions.

Summary

Petitioner Ritesh Yadav was arrested on 18 November 2025 in connection with a theft case (FIR dated 17 September 2025) and charged under Section 309(6) of the Bihar Narcotic Substances Act, 2023. The prosecution alleges that three miscreants stole Rs. 21,500 and bike keys, and the petitioner was implicated through the confessional statement of a co-accused, Prabhat Yadav, although his name does not appear in the FIR. The petitioner contended that he is innocent, that no material has been recovered from his possession, and that the charge sheet was filed without substantive evidence. The State opposed bail, highlighting six prior criminal cases against the petitioner, five of which are on bail and one pending. The High Court, after considering the circumstances, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of his criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite prior criminal antecedents and the nature of the offence under Section 309(6) of the Bihar Narcotic Substances Act, 2023.
  • Whether the confessional statement of a co‑accused suffices to justify continued detention.
  • Whether the absence of recovered material or a TIP affects the bail decision.

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • Section 309(6)
  • confessional statement
  • theft
  • Bihar
  • high court
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22310 of 2026
                   Arising Out of PS. Case No.-130 Year-2025 Thana- KRISHNAGARH District- Bhojpur
                 ======================================================
                 Ritesh Yadav Son of Narad Muni Yadav Resident of Padminiya Achrajlal Ke
                 Tola, P.S. - Krishnagarh, Dist. - Bhojpur At 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. Rajendra Singh Shastri, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-04-2026                    Heard Mr. Sarveshwar Tiwary, learned counsel for

                   the petitioner and Mr. Rajendra Singh Shastri, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   18.11.2025 in connection with Kirshnagarh P.S. Case No. 130 of

                   2025, F.I.R. dated 17.09.2025 for the offences punishable under

                   Section 309(6) of the BNS, 2023.

                               3. According to prosecution case, three miscreants

                   intercepted the informant and snatched his bag containing Rs.

                   21,500/- and his bike keys and fled away.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The petitioner is not named in the FIR and his

                   name has been transpired during investigation on the basis of
Patna High Court CR. MISC. No.22310 of 2026(2) dt.06-04-2026
                                            2/3




          the confessional statement of the co-accused, namely, Prabhat

          Yadav. He further submits that nothing has been recovered from

          the conscious possession of the petitioner and till date no TIP

          has been conducted by the prosecution. He further submits that

          the police after investigation submitted the charge sheet against

          the petitioner. The petitioner is in custody since 18.11.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries six criminal antecedents other than

          the present one but fairly submits that out of six cases he is on

          bail in five cases and one case is pending for consideration

          before the competent court of law.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 the learned Additional

          Chief Judicial Magistrate-7th , Ara, Bhojpur in connection with

          Krishnagarh P.S. Case No. 130 of 2025, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and
            Patna High Court CR. MISC. No.22310 of 2026(2) dt.06-04-2026
                                                        3/3




                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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