Patna High Court
Ritik KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Ritik Kumar, applied for regular bail in a case registered under Sections 25(1‑A), 25(1‑B)(I), 26 and 35 of the Arms Act, alleging that he merely kept a weapon handed over by co‑accused Rohit Kumar after a murder. The prosecution alleged that the weapon was recovered during a raid on the house of co‑accused Guddu Paswan, where the petitioner was present. The petitioner contended he was a servant unaware of any wrongdoing, had no prior criminal record, and that at most a bailable offence under Section 238 of the Bihar Narcotic Substances Act could be made out. The State opposed bail, arguing the seriousness of the arms offences. After considering the facts, the court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, thereby allowing the application.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged involvement in offences under the Arms Act
- Whether the alleged offences are bailable in nature
- Whether the evidence on record justifies denial of bail
Legislation cited
- Arms Act — s. 25(1-A), 25(1-B)(I), 26, 35
- Bihar Narcotic Substances Act — s. 238
Subjects
- regular bail
- Arms Act
- bailable offence
- confessional statement
- possession of illegal arms
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26388 of 2026
Arising Out of PS. Case No.-243 Year-2025 Thana- DELHA District- Gaya
======================================================
Ritik Kumar S/O Sri Anil Khatik R/O Mohalla- Bageshwari Gumati, Devi
Sthan, PS-Delha, Distt-Gayajee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Ranjan Sinna, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Delha P.S. Case No. 243
of 2025 registered for the offences punishable under Sections
25(1-A), (1-B) (I), 26, 35 of the Arms Act.
3. As per the prosecution case, the informant, a police
officer, has alleged that one FIR-named accused, Rohit Kumar
@ Mudi, disclosed in his confessional statement that after
committing the murder of Suwab Paswan, he had handed over
the weapon used in the offence to the petitioner for safekeeping.
It has further been alleged that, on the basis of such information,
the house of Guddu Paswan @ Mugli @ Amrit Paswan was
raided, and altogether three country-made pistols along with
Patna High Court CR. MISC. No.26388 of 2026(3) dt.13-05-2026
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three live cartridges were recovered from the first floor of his
house. The petitioner was found present there at the time of the
raid, search, and seizure.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the house from
where the alleged recovery was made belongs to co-accused
Guddu Paswan @ Mugli @ Amrit Paswan, and the petitioner is
merely a servant in the said house and was not aware of the
misdeeds of co-accused, namely Guddu Paswan @ Mugli @
Amrit Paswan, the owner of the house. It has also been
submitted that, as per the prosecution case itself, at best an
offence under Section 238 of the BNS is made out, which is
bailable in nature. It is further submitted that co-accused Rohit
Kumar @ Mudi, who in his confessional statement stated that he
had handed over the murder weapon to the petitioner without
disclosing the fact that the alleged weapons recovered contained
murder weapons. Lastly, it has been submitted that the petitioner
has got clean criminal antecedent and he is in custody since
26.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.26388 of 2026(3) dt.13-05-2026
3/3
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Gaya, in connection with Delha P.S.
Case No. 243 of 2025.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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