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Patna High Court

Ritesh Kumar @ Ritesh Satya @ Ritesh Kumar SatyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

Ritesh Kumar, who is in custody, was charged under Sections 310(4), 310(5), 111(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act, 1959 for alleged involvement in a loot and possession of a mobile phone. The prosecution’s case relied on a recovered mobile phone from the petitioner and weapons recovered from co‑accused, while the petitioner contended that no incriminating article or arms were found on him and that he was falsely implicated, having a clean antecedent. The learned A.P.P. opposed bail, citing the seriousness of the offences. The court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding surety composition, physical presence in court, and possible cancellation for non‑compliance or future similar offences. The order also clarified that any observations made therein would not affect the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the evidence (a mobile phone) recovered from the petitioner is sufficient to justify continued detention.
  • Whether the petitioner’s claim of false implication and clean antecedent warrants bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • pre‑trial detention
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85321 of 2025
                      Arising Out of PS. Case No.-110 Year-2025 Thana- DHAMOUL District- Nawada
                 ======================================================
                 Ritesh Kumar @ Ritesh Satya @ Ritesh Kumar Satya, S/O Bhagirath Yadav,
                 Resident of Village - Rehadi, P.S- Damoul,Dist- Nawada

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   06-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Damoul P.S. Case No. 110 of 2025 registered

                   for the offences punishable under Sections 310(4), 310(5),

                   111(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-

                   b)a, 26, 35 of the Arms Act, 1959.

                                3. As per the prosecution case, the informant has

                   stated that during his patrolling duty he received some

                   information that some miscreants were planning to commit a

                   loot. The police intercepted few persons among whom three

                   persons were apprehended, who disclosed their names as

                   Deepak Kumar, Ritesh Kumar @ Ritesh Kumar Satya

                   (petitioner), Pradeep Kumar and Rahul Kumar and they further
Patna High Court CR. MISC. No.85321 of 2025(2) dt.06-01-2026
                                            2/3




          disclosed that one Suddu Chaudhary managed to escape. On

          search a Redmi mobile, a motorcycle and a country made pistol

          loaded with live cartridges were recovered from the possession

          of co-accused Deepak Kumar, while a phone was recovered

          from the petitioner Ritesh Kumar.

                       4. The learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case. No

          incriminating article or arms have been recovered from the

          possession of the petitioner. The only recovery said to have been

          made from the petitioner is a mobile phone, which has been

          owned by the petitioner. It has lastly been submitted that the

          petitioner has clean antecedent and is in custody since

          15.08.2025.

                       5. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       6. Considering the aforesaid submissions made by the

          parties, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (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 Damoul P.S. Case No. 110 of 2025, subject to

          the following conditions:-
              Patna High Court CR. MISC. No.85321 of 2025(2) dt.06-01-2026
                                                          3/3




                                                   (i) One of the bailors of the petitioner
                                        shall be his close relative and the other shall be
                                        local resident.

                                                   (ii) The petitioner shall remain physically
                                        present in Court on each date of the trial.

                                                   (iii) In case of absence on two
                                        consecutive dates or in violation of the terms of the
                                        bail, the bail bond of the petitioner will be liable to
                                        be cancelled by the court concerned.

                                                   (iv) If the petitioner is found involved in
                                        similar nature of offence in future, the prosecution
                                        shall be at liberty to move for cancellation of his
                                        bail bond.

                                                   (v) The learned Court below shall verify
                                        the criminal antecedent of the petitioner and in case
                                        at any stage it is found that the petitioner has
                                        concealed his criminal antecedent, the court below
                                        shall take step for cancellation of bail bond of the
                                        petitioner. However, the acceptance of bail bonds in
                                        terms of the above-mentioned order shall not be
                                        delayed for purpose of or in the name of
                                        verification.


                                     7. Accordingly, the prayer for bail is allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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