Patna High Court
Ritik PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Arms Act — s. 25(1‑Ba), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111(1), 310(4), 310(5)
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
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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.
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7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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