Patna High Court
Ritesh Kumar @ Ritesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to bail as no injury was caused and no weapon was recovered, subject to a bond and sureties with conditions for appearance.
Summary
The petitioner, Ritesh Kumar, was charged under several sections of the B.N.S. and Section 27 of the Arms Act for allegedly opening fire on an informant, though no weapon was recovered and no one was injured. He sought bail, arguing that the case was filed with an oblique motive and that he had no prior convictions except one case filed by the same informant, while he was already on bail in four other cases. The State opposed bail on the ground of the petitioner’s criminal antecedent. The Court considered the absence of injury, lack of seized weapon, and the petitioner’s bail status in other matters, and decided to grant bail with a bond of Rs.10,000 and two sureties, imposing conditions of regular appearance. The bail may be cancelled if the petitioner fails to appear on two consecutive dates without satisfactory reason. The order was pronounced by Justice Soni Shrivastava.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the alleged offences under the B.N.S. and Arms Act
- Whether the petitioner’s criminal antecedent and the nature of the alleged offence justify denial of bail
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- open firing
- no injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77406 of 2025
Arising Out of PS. Case No.-20 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Ritesh Kumar @ Ritesh Kumar Singh Son of Ram Bharosh Singh @ Ram
Bharos Singh Resident of Village- Ballochak, P.S.- Dalsingsarai, District-
Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap
For the Opposite Party/s : Mr. Satyendra Prasad
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 109, 352,
351(2), 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. Petitioner along with other accused persons are said
to have open fired on the informant.
4. Learned counsel for the petitioner submits that
although according to the allegations the petitioner along with
co-accused Guddu Kumar is said to have open fired and fled
away, however, nothing was recovered from the possession of
the petitioner. It has further been submitted that no one was
injured in the incident and the present case has been lodged with
oblique motive as earlier also the case had been lodged by the
present informant against the petitioner making an allegation of
kidnapping his daughter. The petitioner is in custody since
Patna High Court CR. MISC. No.77406 of 2025(4) dt.19-02-2026
2/2
06.06.2025 and the charge-sheet has already been submitted.
5. Learned APP for the State has opposed the
application for bail on the ground that the petitioner has criminal
antecedent. However, it has been submitted that baring one case
which has been filed by the present informant, the petitioner is
on bail in the other four cases.
6. Taking into consideration the facts and
circumstances and also considering the fact that no injury has
been caused to any one in the incident, let the above named
petitioner, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with
Dalsingsarai P.S. Case No. 20 of 2025, subject to the conditions
that the petitioner shall appear on each and every date till
conclusion of trial and if the petitioner does not appear on two
consecutive dates without any substantial and satisfactory
reason, the learned court below would be at liberty to cancel his
bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
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