Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
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
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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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