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Patna High Court

Ritesh Kumar @ Ritesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • Arms Act — s. 27
  • B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352

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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