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Patna High Court

Ritesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Bail may be granted only if the informant verifies the settlement; otherwise bail bonds will not be accepted.

Summary

The petitioners, Ritesh Kumar, Manish Kumar and Amarjeet Kumar, were arrested on 20‑12‑2025 for allegedly blocking a road and assaulting a victim during a motorcycle race, charges under Sections 309(5) and 311 of the BNS. They have been in custody since their arrest. The petitioners contend that the altercation was part of a race, no loot was involved, and the parties have settled their dispute. The High Court examined the bail application and directed the petitioners to approach the lower court for bail, subject to verification of the settlement by the informant. If the informant confirms the compromise, bail may be granted on a bond of Rs.10,000 with two sureties; otherwise, bail bonds will not be accepted. The Court clarified that its observations are limited to the bail application and do not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a case of road‑blocking and assault under Sections 309(5) and 311 of the BNS, considering the alleged settlement between the parties.
  • Whether verification of the settlement by the informant is a prerequisite for granting bail.

Legislation cited

  • BNS — s. 309(5), 311

Subjects

  • bail
  • settlement
  • assault
  • road blocking
  • BNS
  • criminal procedure
  • informant verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27488 of 2026
                   Arising Out of PS. Case No.-508 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
           1.     Ritesh Kumar Son of Lal Babu Ram Resident of Village- Maheshi, P.s.-
                  Bibhutipur, District-Samastipur.
           2.    Manish Kumar Son of Lakshmi Paswan Resident of Village- Vajitpur
                 Bambaiya, P.S.-Bibhutipur, District- Samastipur.
           3.     Amarjeet Kumar @ Amarjeet Kumar Das Son of Late Ramdhyan Das
                  Resident of Village- Vajitpur Bambaiya, P.S.-Bibhutipur, District-
                  Samastipur.
                                                                      ... ... Petitioner/s
                                               Versus
                 The State of Bihar Patna
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raja Ram Mishra
                 For the Opposite Party/s :       Mr.Kumar Veerendra Narayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The petitioners seek bail in connection with

                   Bibhutipur P.S. Case No. 508 of 2025 registered for the offence

                   under Sections 309(5) and 311 of the BNS.

                                   3. As per the prosecution case, the petitioners are

                   accused of blocking the road and assaulting the victim. They

                   were caught on the spot.

                                   4. The petitioners are in custody since 20.12.2025.

                                   5. Learned counsel for the petitioners submits that

                   the parties were involved in Motorcycle race and in the same,

                   fight has taken place and there is no allegation of loot. He
          Patna High Court CR. MISC. No.27488 of 2026(2) dt.28-04-2026
                                                      2/2




                    further submits that the parties have settled their disputes.

                                    6. Considering the aforesaid facts, this application

                    disposed of with a direction to the petitioners to move the Court

                    below afresh for bail and the Court below will verify from the

                    informant the factum of settlement between the parties. If the

                    informant supports the factum of compromise then the

                    petitioners shall be released by the concerned Court below 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 concerned court below in connection with Bibhutipur P.S.

                    Case No. 508 of 2025.

                                 7. If the informant does not supports the factum of

                    compromise then bail bonds of the petitioners shall not be

                    accepted.

                                 8. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.


                                                               (Sandeep Kumar, J)
Vikas/-

U


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