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Patna High Court

Ritesh Kumar @ NitishversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




                           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
                                                        3/3




                                       of 2025.




                                            (Ashok Kumar Pandey, J)
khushbu/-

U


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