Patna High Court
Ritesh Yadav @ PolaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Ritesh Yadav was arrested in connection with a theft of Rs 8 lakhs and charged under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case relied on a confession by a co‑accused, while no incriminating material was recovered from the petitioner and he was not named in the FIR. The petitioner’s counsel argued that the charge‑sheet was based solely on suspicion and that the co‑accused’s statement lacked evidentiary value. The court noted the absence of a T.I. parade, the lack of recovered loot, and the petitioner’s prolonged custody since 24‑04‑2025, and observed that a co‑accused had earlier been granted bail. Considering these factors, the court decided to grant bail with monetary surety and specific conditions. The bail order includes requirements such as family surety, regular court appearances, non‑tampering with evidence, and refraining from similar offences.
Issues considered
- Whether the petitioner is entitled to bail under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 given the evidentiary material and circumstances of arrest.
- Whether a co‑accused’s confessional statement alone suffices to justify continued detention of the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
Subjects
- bail
- criminal procedure
- Section 309(6)
- theft
- co‑accused confession
- suspicion
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79650 of 2025
Arising Out of PS. Case No.-79 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Ritesh Yadav @ Pola Son of Late Badal Yadav R/o Village - Naya Tola
Jurabganj, Ward no. 1, P.S. - Kodha, Dist. - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Hajipur
Town P.S. Case No. 79 of 2025, instituted for the offences
punishable under Section 309(6) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that while the
informant was returning to his house, in the meantime, two
unknown miscreants intercepted the informant and snatched his
bag containing Rs. 8 lakhs due to which he got disbalanced and
fell down from his motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.79650 of 2025(3) dt.11-02-2026
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present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner is not named in the FIR. Name
of the petitioner has transpired in this case on the basis of
confessional statement made by co-accused, namely, Raj Kumar
Yadav and the same has got no evidentiary value. It is next
submitted that neither any looted cash has been recovered from
the petitioner nor any T.I. parade has been conducted in this
case. The petitioner has been arrested only on the basis of
suspicion. The petitioner is in custody since 24.04.2025 and has
got seven criminal antecedents in which he is on bail. Learned
counsel for the petitioner further submitted that other co-
accused has been granted regular bail by a Co-ordinate Bench of
this Court vide order dated 24.09.2025 passed in Cr. Misc. No.
68193 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
Patna High Court CR. MISC. No.79650 of 2025(3) dt.11-02-2026
3/3
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Hajipur Town P.S.
Case No. 79 of 2025, 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 and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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