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Patna High Court

Ritik PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to strict conditions.

Summary

Ritik Paswan was arrested in connection with a case registered under Sections 310(4), 310(5), 111(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑Ba), 26 and 35 of the Arms Act. The prosecution alleged that he assembled with others near Manda Hill with the intention to commit a crime and fled when police arrived. The petitioner contended that he was falsely implicated, that his name surfaced only through statements of co‑accused who had already been granted bail, and that no incriminating material was recovered from him. The learned counsel for the State opposed bail, citing the seriousness of the offences. After considering the submissions, the Court granted bail on a cash bond of Rs.10,000 with two sureties and imposed several conditions, including regular appearance before the police and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence or influencing witnesses.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • presumption of innocence
  • co‑accused statements
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6850 of 2026
                          Arising Out of PS. Case No.-72 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
                 Ritik Paswan S/o- Dukhan Paswan Village- Nadiyaeen PS- Gurua Distt- Gaya

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :        Mr.Paras Nath, Advocate

                 For the Opposite Party/s :        Mr.Rajendra Nath Jha, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   04-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seeks bail in connection with Gurua

                   P. S. Case No. 72 of 2025, dated 18-02-2025 instituted for the

                   offence punishable under Sections 310(4), 310(5), 111(1) of the

                   Bharatiya Nyaya Sanhita, 2023 and Section 25(1-B)a, 26 and 35

                   of the Arms Act.

                                 3. The prosecution case,in short, is that on

                   18.02.2025, petitioner along with others had assembled at the

                   northwestern side of Manda Hill near village Deuria with the

                   intention of committing crime. While some co-accused were

                   apprehended by the police, petitioner fled away from the place

                   of occurrence.The petitioner is implicated in the case as being at
Patna High Court CR. MISC. No.6850 of 2026(2) dt.04-02-2026
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          the place of the alleged crime.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in the

          present case. It is further submitted that the petitioner’s name

          has only surfaced on the basis of disclosures made by co-

          accused persons, namely Satish Mandal @ Baba @ Satish

          Bhuiyan and Santosh Mehta, who stated that the petitioner along

          with another co-accused, Manjesh Mehta escaped from the

          place of occurrence after seeing the police party. It is submitted

          that no incriminating articles have been recovered from the

          petitioner’s possession. The co-accused, on whose statements

          the petitioner’s name has been implicated, has already been

          granted bail by a Co-ordinate Bench of this Court vide order

          dated 24.12.2025 in Cr. Misc. No. 75145 of 2025. Similarly,

          another co-accused, Bali Bhuiyan @ Lulha @ Dilip Bhuiyan,

          has also been released on bail by a different Bench of this Court

          vide order dated 18.09.2025 in Cr. Misc. No. 64508 of 2025.

          Lastly, it is submitted that the petitioner has been in judicial

          custody since 19.06.2025 and four criminal cases are pending

          against him.

                       5. Learned A.P.P. has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of
Patna High Court CR. MISC. No.6850 of 2026(2) dt.04-02-2026
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          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 learned Judicial Magistrate 1 st

          Class, Sherghati, Gaya or Successor Court, in connection with

          Gurua P. S. Case No. 72 of 2025 , subject to the following

          conditions: (i) that the petitioner shall co-operate in the trial and

          shall be properly represented on each and every date fixed by

          the Court and on his absence on two consecutive dates without

          sufficient reason, his bail bond shall be cancelled by the court

          below, (ii) that one of the bailors will be his own blood relation,

          preferably father, mother, brother, sister and or his wife, (iii) that

          the bailor shall also state on affidavit that he will inform the

          court concerned if the petitioner is made accused in any other

          case of similar nature after his release in the present case and

          thereafter the court below will be at liberty to initiate the

          proceeding for cancellation of bail on ground of misuse (iv) that

          if the petitioner tampers with the evidence or the witnesses, in

          that case, the prosecution will be at liberty to move for

          cancellation of bail and (v) that the petitioner will appear before

          the SHO of concerned PS in the first week of each month till the

          framing of charge in this case.
           Patna High Court CR. MISC. No.6850 of 2026(2) dt.04-02-2026
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                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U


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