Patna High Court
Ritesh Kumar @ NitishversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Ritesh Kumar, was arrested in connection with a theft case (PS Vidyapatinagar Case No. 149 of 2025) involving the stealing of 73 gas cylinders, an inverter battery, and a CCTV camera. The FIR charges him under Sections 334(1) and 303(2) of the Bihar Negotiable Substances Act, based primarily on a confessional statement of a co‑accused, while no other direct allegation is made against him. He has a prior criminal antecedent and has been in judicial custody since 1 November 2025. The petitioner applied for bail, arguing that the confessional statement alone should not justify continued detention. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail despite the confessional statement of a co‑accused linking him to the offence.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
- Whether the charges under Sections 334(1) and 303(2) of the B.N.S. justify denial of bail.
Legislation cited
- Bihar Negotiable Substances Act — s. 303(2), 334(1)
Subjects
- bail
- confessional statement
- prior conviction
- theft
- Sections 334(1) B.N.S.
- Sections 303(2) B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34713 of 2026
Arising Out of PS. Case No.-149 Year-2025 Thana- VIDYAPATINAGAR District-
Samastipur
======================================================
Ritesh Kumar @ Nitish S/o Mukesh Sah, Resident of Village- Dumari, P.S.-
Singhaul, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikram Anurag, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-05-2026 Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner has prayed for bail in
connection with Vidyapatinagar P.S. Case No. 149
of 2025 registered for the offence under Sections
334(1), 303(2) of B.N.S.
3. The case of the prosecution, in
short, is that some unknown miscreants have
entered in the godown of the informant and have
stolen 73 gas cylinders, inverter battery, C.C.T.V.
camera etc.
4. Learned counsel of the petitioner
has submitted that the F.I.R. has been filed against
Patna High Court CR. MISC. No.34713 of 2026(2) dt.20-05-2026
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unknown miscreants. During course of
investigation Mukesh shah was apprehended and
the name of this petitioner has been surfaced in the
confessional statement of co-accused. Learned
counsel for the petitioner has submitted that save
and accept the confessional statement, there is no
allegation against him. Learned counsel for the
petitioner has further submitted that the petitioner
is having criminal antecedent of one case. He is in
judicial custody since 01.11.2025.
5. The application for bail is opposed
by learned APP for the State.
6. Having heard learned counsel for
the parties and considering the facts and
circumstances of the case, this Court is inclined to
enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) with two sureties of the like
amount each to the satisfaction of the court of
learned A.C,J.M. IInd, Dalsingsarai, Samastipur in
connection with Vidyapatinagar P.S. Case No.149
Patna High Court CR. MISC. No.34713 of 2026(2) dt.20-05-2026
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of 2025.
(Ashok Kumar Pandey, J)
khushbu/-
U
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