Patna High Court
Ritesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 309(6)
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
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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
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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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