Patna High Court
Ritik RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
The petitioner, Ritik Raj, was charged under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)(a), 26 and 35 of the Arms Act for allegedly looting Rs.48,350 from a medicine shop and for possession of a pistol. The petitioner contended that no incriminating article was seized by police, the pistol was handed over by a local person, the FIR was lodged more than 24 hours after the incident, and the real dispute involved another individual, Satyam Kumar. He also highlighted the absence of CCTV evidence, his clean criminal record, and his detention since 18‑03‑2026. The State opposed bail. The Court, noting the lack of police recovery, the petitioner’s youth and clean record, and that a charge‑sheet had already been filed, ordered that bail be granted on a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the Bharatiya Nyaya Sanhita and the Arms Act given the circumstances of the case.
- Whether the delay in filing the FIR and the absence of police recovery of the alleged weapon affect the grant of bail.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
Subjects
- bail
- criminal procedure
- theft
- arms act
- false implication
- delay in FIR
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35824 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- MUSRIGHRARI District- Samastipur
======================================================
Ritik Raj S/o Niranjan Kumar Singh Presently Resident of Mohalla -
Krishnapuri Indranagar, Near R.N.A.R College, P.S - Samastipur Muffasil,
District - Samastipur, Permanent resident of village - Bakarpur, P.S -
Mohiuddinnagar, District – Samastipur. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Advocate
Mr. Akshansh Shankar, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 303(2) of the Bharatiya
Nyaya Sanhita, 2023 and Sections 25 (1-b) (a), 26 and 35 of the
Arms Act.
3. The petitioner in association of one another co-
accused is said to have looted away Rs.48,350/- from the cash
counter of a medicine shop.
4. It is submitted by learned counsel for the
petitioner that, as a matter of fact, no incriminating article was
recovered from the possession of the petitioner and it is
admitted fact that police had made no seizure or recovery, rather
it was the local person who had forwarded the petitioner along
with a pistol. It is further submitted that the F.I.R. was lodged
after a delay of about more than 24 hours. So far as the loot of
Patna High Court CR. MISC. No.35824 of 2026(2) dt.08-06-2026
2/2
money is concerned, the allegation is against one Satyam Kumar
who fled away with the money. It is further submitted that the
real dispute relates to affair between Satyam Kumar and the
girl’s family and the petitioner has been falsely implicated in
this case. No CCTV footage has been produced during course of
investigation. The petitioner has no criminal antecedent and has
been languishing in custody since 18.03.2026.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
recovery was not made by the police rather by the local persons,
the petitioner has no criminal antecedent and charge-sheet has
already been submitted, the above named petitioner, who is a
young boy of 21 years of age, is directed to be enlarged on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Musarigharari P.S. Case No.44 of
2026.
(Soni Shrivastava, J)
Trivedi/-
U T
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