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Patna High Court

Ritik RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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