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Patna High Court

Ritik KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application was rejected.

Summary

Ritik Kumar was arrested in connection with the murder of Shubham Kumar, alleged under sections 103(1), 238 and 3(5) of the B.N.S. Act. The prosecution alleged a love‑triangle motive, with Amit Kumar and Khushi Kumari as primary conspirators, and claimed the petitioner participated in the assault and disposal of the body. The petitioner’s counsel argued that he only abetted the crime and was not involved in the assault, contending that bail should be granted. The court noted that the trial was nearing its conclusion, with most witnesses examined and only the doctor and investigating officer remaining, and observed the petitioner had been in custody for a long period. Despite these considerations, the bail application was rejected, and the court directed the trial court to complete the trial within six months and to ensure the investigating officer’s appearance.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offence and prolonged custody
  • Whether the petitioner’s alleged role as an abettor justifies denial of bail

Legislation cited

Subjects

  • bail
  • murder
  • abetment
  • trial delay
  • B.N.S. Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4230 of 2026
                         Arising Out of PS. Case No.-434 Year-2024 Thana- JAMUI District- Jamui
                 ======================================================
                 Ritik Kumar S/o Kailash Paswan R/o Village - Sarari, P.S - Jamui, District –
                 Jamui.                                                  ... ... Petitioner/s
                                                 Versus
                 The State of Bihar Bihar                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Priyanka Singh, Advocate
                 For the Opposite Party/s :        Mr.Surendra Prasad Singh, APP
                 For the informant        :        Mr. Narsingh Tanti, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   03-04-2026                 Heard the parties.

                                2. The petitioner is in custody in connection with

                   Jamui P.S. Case No. 434 of 2024 for the offence punishable

                   under sections 103(1), 238 and 3(5) of the B.N.S. Act lodged on

                   12.07.2024 by the informant, Gautam Kumar.

                                3. As per the prosecution story, both Shubham Kumar

                   (deceased) and Khushi Kumari used to attend the same coaching

                   institute at Jamui. On 10.07.2024, the mobile of Shubham

                   Kumar was switched of and their common friend, Sweta Kumari

                   made a call to the deceased’s father informing that he was in a

                   relationship with Khushi Kumari and Shubham Kumar may be

                   killed. The deceased father and uncle started searching for

                   Shubham Kumar which finally was found in a Sarari pond. This

                   led to the FIR.

                                4. The investigation took place in the matter and the

                   suspects including the petitioner were picked up which led to
Patna High Court CR. MISC. No.4230 of 2026(3) dt.03-04-2026
                                            2/3




          the disclosure of entire story that Khushi Kumari was in

          relationship with Amit Kumar, Shubham Kumar was also

          having one sided love/attraction with her. She was not interested

          in him, informed Amit Kumar. Thereafter, they conspired and

          the mobile data of that period clearly shows that this petitioner

          amongst other was in constant touch with Khushi Kumari. The

          dead body that was recovered, showed the sign of brutal assault

          by the accused persons which led to the killing of the Shubham

          Kumar. Not content with it, if the confessional statement of the

          petitioner is to be believed, Amit Kumar continued beating with

          the belt to the deceased despite the fact that he was dead.

          Subsequently, this petitioner alongwith others threw the body in

          the pond from where the recovery took place.

                       5. Learned counsel for the petitioner submits that

          main role is assigned to Amit Kumar, Khushi Kumari being

          conspirator, even going by the confessional statement, he at best

          abetted the said occurrence. The role of assault is not on him.

          Learned counsel for the petitioner further submits that one of the

          accused, Nitish Kumar has been granted bail in Cr. Misc. No.

          88899 of 2024.

                       6. In this case, Trial Court Report was called for and

          as per the letter no. 46 dated 24.02.2026 all the witnesses have
           Patna High Court CR. MISC. No.4230 of 2026(3) dt.03-04-2026
                                                       3/3




                     been examined but only Doctor and the I.O. are/were to be

                     examined.

                                  7. Learned counsel for the informant, Mr. Narsingh

                     Tanti submits that with the passage of time, even the Medical

                     Officer has been examined and only the I.O. is to be examined.

                                  8. Considering the fact that the trial is at its fag end,

                     the petitioner’s role is already there, as recorded above, it would

                     be appropriate that he faces trial.

                                  9. The bail application stands rejected.

                                  10. However, since the petitioner is in custody since

                     long, the Trial Court is directed to ensure that the trial is

                     concluded in next six months and if the I.O. is not appearing to

                     take all the steps to ensure his presence including issuance of

                     bailable/non-bailable warrant.

                                  11. The S.P., Jamui is also directed to ensure that the

                     I.O. of the present case appears and depose before the Trial

                     Court.

                                  12. Let a copy of the order be sent to the S.P., Jamui

                     for his perusal and needful.



                                                    (Rajiv Roy, J)
Ravi/-
U      T


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