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Patna High Court

Ritesh Kumar @ Ritesh Kumar BaithaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the specific, serious accusations and the identification on CCTV footage justified refusal of bail.

Summary

The petitioner, Ritesh Kumar, sought anticipatory bail after being implicated in a FIR alleging that he, along with a co‑accused, stabbed an informant and his wife and stole a mobile phone on 18 June 2025. The prosecution identified the petitioner through CCTV footage, while the petitioner contended that the footage was unreliable and that he was falsely implicated. The State opposed the bail, emphasizing the specific and grave nature of the accusations under Section 309(6) of the B.N.S. The court examined the credibility of the CCTV identification and the seriousness of the alleged offences. Considering the direct accusations and the gravity of the alleged crime, the court rejected the petition for anticipatory bail. Consequently, the petitioner remains liable to arrest under the pending criminal case.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 309(6) of the B.N.S. given the specific and serious nature of the allegations
  • Whether identification of the petitioner through CCTV footage is sufficient to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • CCTV evidence
  • identification
  • Section 309(6)
  • B.N.S.
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84541 of 2025
                 Arising Out of PS. Case No.-380 Year-2025 Thana- RAMNAGAR District- West Champaran
                 ======================================================
                 Ritesh Kumar @ Ritesh Kumar Baitha Son of Rambhu Baitha Resident of
                 village- Mudila, Ps- Ramnagar, Dist- West Champaran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Milind Kumar Mishra, Advocate
                 For the State          :        Mr. Pramod Kumar Pandey, APP
                 For the Informant      :        Ms. Prerna Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 309(6) of

                   the B.N.S..

                                3. As per the F.I.R, it is alleged that on 18.06.2025 at

                   about 03:00 A.M, this petitioner, along with co-accused Vishal

                   Ram, stabbed the informant and his wife, multiple times and

                   looted his mobile phone.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has falsely been implicated in

                   the case. Petitioner has falsely been implicated in this case only

                   on the basis of C.C.T.V. footage, which has no evidentiary value

                   and identification is suspicious. Petitioner claims clean
             Patna High Court CR. MISC. No.84541 of 2025(2) dt.09-02-2026
                                                         2/2




                       antecedents.

                                    5. On the other hand, learned A.P.P. for the State and

                       learned counsel for the informant have vehemently opposed the

                       prayer for grant of bail to the petitioner and have submitted that

                       there is specific accusation that this petitioner, along with co-

                       accused Vishal Ram, stabbed the informant and his wife and

                       snatched mobile phone of the informant. Petitioner has been

                       identified in the C.C.T.V. footage.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation and gravity of

                       offence, prayer for grant of anticipatory bail of the petitioner is

                       rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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