Patna High Court
Ritesh Kumar @ Ritesh Satya @ Ritesh Kumar SatyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Arms Act, 1959 — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111(4), 310(4), 310(5)
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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