Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner.
Summary
Ritesh Kumar, a 22‑year‑old, was arrested in connection with a murder case (PS Case No.167 of 2025) involving offences under Sections 126(2), 191(2), 191(3), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleges that he, together with other accused, attacked the deceased with weapons, leading to the victim’s death. The petitioner sought bail, contending that co‑accused had already been released on bail and that he had been in custody since 10‑09‑2025 with only one other criminal case pending. The State and the informant opposed bail, emphasizing the seriousness of the offences. After considering the facts, the court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, and the application was allowed.
Issues considered
- Whether bail should be granted to the accused in a murder case involving multiple serious offences under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 126(2), 191(2), 191(3), 351(2), 352
Subjects
- bail
- murder
- criminal procedure
- Bharatiya Nyaya Sanhita
- high court
- sections 126 191 109 352 351
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4294 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- SANJHOLI District- Rohtas
======================================================
Ritesh Kumar, aged about 22 years, Male, S/o Ramji Singh, resident of
Village- Soni, Post- Karmaini, P.S- Sanjhauli, District- Rohtas, Pin- 802220
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Neeraj Kumar, Advocate
Mr. Nagendra Sharma, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
For the informant : Ms. Arti Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner; learned
Additional Public Prosecutor for the State and learned counsel
for the informant.
2. The petitioner seeks bail in connection with
Sanjhauli PS Case No.167 of 2025 dated 09.09.2025, instituted
for the offence punishable under Sections 126(2), 191(2),
191(3), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita,
2023.
3. The allegation against the petitioner is that he along
with other accused named in the FIR came jointly with arms and
started beating Loknath Singh. It is further alleged that Sandhya
Kumari assaulted the deceased on his head by means of iron rod
while others assaulted by means of lathi. Ultimately, the
deceased succumbed to the injuries.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.4294 of 2026(3) dt.25-02-2026
2/2
there is specific allegation against Sandhya Kumari that she
assaulted with iron rod on the head of the uncle of the
informant, who sustained head injury and thereafter it is alleged
that the petitioner, co-accused Nandjee Singh and Dhanjee
Singh @ Dhanji Singh assaulted Pradeep Kumar, who is cousin
of the informant. Further submission is that co-accused Nandjee
Singh and Dhanjee Singh @ Dhanji Singh have been granted
bail by a co-ordinate Bench of this Court by order dated
27.01.2026 passed in Cr. Misc. No.89368 of 2025. Lastly, it is
submitted that the petitioner is in custody since 10.09.2025
having one criminal case against him.
5. Learned APP as well as learned counsel for the
informant has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Judicial Magistrate, 1 st Class,
Bikramganj, Rohtas, in Sanjhauli PS Case No.167 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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