Patna High Court
Ritesh Kumar @ Ritesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioners are entitled to regular bail.
Summary
The petitioners, Ritesh Kumar and Amit Yadav, were arrested in connection with a land dispute that resulted in injury to a victim, and were charged under multiple sections of the B.N.S. and Section 27 of the Arms Act. They applied for regular bail, claiming innocence and asserting that the first petitioner has a clean antecedent while the second has only one prior criminal record. The State, represented by the Additional Public Prosecutor, opposed the bail. The court, after considering the facts, the petitioners' cooperation, and their relatively clean records, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the concerned court. The application for regular bail was therefore allowed.
Issues considered
- Whether the petitioners are entitled to regular bail despite the serious charges under the B.N.S. and Arms Act?
- Whether the petitioners' antecedents and willingness to cooperate justify the grant of bail?
Legislation cited
Subjects
- bail
- land dispute
- criminal procedure
- Arms Act
- B.N.S.
- regular bail
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25995 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Mohanpur District- Purnia
======================================================
1. Ritesh Kumar @ Ritesh Kumar Yadav Son of Fuda Yadav Resident of Balia
Yadav Tola, P.S.- Mohanpur, District - Purnia.
2. Amit Yadav Son of Fuda Yadav Resident of Balia Yadav Tola, P.S.-
Mohanpur, District - Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with
Mohanpur P.S. Case No. 07/2026 registered for the offences
punishable under Sections 126(2), 115(2), 109(2), 352, 351(2)
and 3(5) of the B.N.S. and Section 27 of Arms Act.
3. As per the prosecution case, due to land dispute the
parties fought and an injury has been caused to the victim.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case. Learned counsel further submits that petitioner no.
1 has clean antecedent and petitioner no. 2 has one criminal
Patna High Court CR. MISC. No.25995 of 2026(2) dt.20-04-2026
2/2
antecedent and they are in custody since 20.01.2026. The
petitioners undertake to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioners.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Purnea /concerned Court
below in connection with Mohanpur P.S. Case No. 07/2026.
(Sandeep Kumar, J)
tusharika/-
U T
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