Patna High Court
Ritik Raushan @ Ritit RaushanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, considering the filing of the charge sheet, the period of custody, the petitioner’s claim of false implication and parity with a co‑accused who had been granted anticipatory bail, bail should be granted.
Summary
The petitioner, Ritik Raushan, was arrested in connection with a FIR alleging assault, threats, and looting under several sections of the Bharatiya Nyaya Sanhita, the SC/ST Act and the POCSO Act. He has been in custody since 11 June 2025 and possesses one prior criminal antecedent. The petitioner contended that the FIR is vague, he was falsely implicated, and that a co‑accused had already been granted anticipatory bail, invoking parity. The State opposed bail, emphasizing the seriousness of the offences. The court, noting that the charge‑sheet had been filed, the length of custody, the petitioner’s claim of false implication and the precedent of anticipatory bail to a co‑accused, decided to grant bail with conditions. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.15,000 with two sureties and compliance with stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner despite charges under multiple serious offences.
- Whether the filing of the charge‑sheet and parity with a co‑accused who obtained anticipatory bail justify granting bail.
- Whether the petitioner’s prior criminal antecedent precludes bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 120(2), 190, 191(2), 303(2), 324(4), 351(2), 352, 74, 75
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(a), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- SC/ST Act
- POCSO Act
- anticipatory bail
- parity
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68556 of 2025
Arising Out of PS. Case No.-307 Year-2024 Thana- PARAIYA District- Gaya
======================================================
Ritik Raushan @ Ritit Raushan S/O Birit Yadav @ Rambrit Yadav R/O
Village - Khaira, P.S.- Paraiya, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anshu Kumari D/O Mukesh Paswan R/O Village - Khaira, P.S.- Paraiya,
District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
7 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Paraiya
P.S. Case No. 307 of 2024 instituted for the offence under
Sections 191(2), 190, 120(2), 115(2), 74, 75, 303(2), 324(4),
352, 351(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 3(1)
(a), 3(1)(r), 3(1)(s), 3(1)(w) & 3(2)(va) of the SC/ST Act and
Section 8 of the POCSO Act.
3. The prosecution alleges that on 05.09.2024 the
petitioner and co-accused misbehaved with the victim and
attempted to forcibly take her towards the river, but fled on
arrival of others and later apologised. It is further alleged that on
Patna High Court CR. MISC. No.68556 of 2025(7) dt.02-02-2026
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09.09.2024 the petitioner and several accused persons assaulted
the victim’s family with deadly weapons, caused fracture,
damaged property, issued rape threats and looted gold earrings,
leading to registration of the FIR.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 11.06.2025. Petitioner
bears one criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. From perusal of the FIR, it would manifest that there is no
specific allegation against the petitioner, rather the same is
general and omnibus in nature. Charge sheet has already been
submitted in this case. Other co-accused has been granted
anticipatory bail by a Co-ordinate Bench of this Court vide
order dated 17.09.2025, passed in Cr. Misc. No. 65875 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and charge-sheet being submitted, this Court is inclined to
grant bail to the petitioner.
Patna High Court CR. MISC. No.68556 of 2025(7) dt.02-02-2026
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8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Paraiya P.S. Case
No. 307 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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