Patna High Court
Ritik Raushan @ BauraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that the petitioner is entitled to bail and ordered his release on bail.
Summary
Ritik Raushan was arrested in connection with offences under sections 310(4), 310(5), 312 and 109(1) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act. He contended that he was not named in the FIR, his name only appeared in a co‑accused’s confessional statement, he was absent from CCTV footage of the alleged crime and was never subjected to a Test Identification Parade. The State opposed bail but could not rebut these submissions. The Court noted that a co‑accused, Ayush Ranjan, had already been granted bail and that the petitioner had been in custody since 21‑09‑2025. Considering the lack of incriminating material and procedural lapses, the Court ordered his release on bail upon furnishing a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the absence of his name in the FIR, lack of CCTV evidence, and non‑conduct of a Test Identification Parade?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 310(4), 310(5), 312
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- Arms Act
- CCTV evidence
- Test Identification Parade
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90194 of 2025
Arising Out of PS. Case No.-436 Year-2025 Thana- HISUWA District- Nawada
======================================================
Ritik Raushan @ Baura S/o Vinay Yadav R/o Village- Chatar, P.S-
Makhdumpur, Dist- Jehanabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Hisua P.S. Case No. 436 of 2025 registered for the offences
punishable under sections 310(4), 310(5), 312 and 109(1) of the
Bharatiya Nyaya Sanhita and section 27 of the Arms Act.
3. The main submissions advanced by petitioner’s
counsel are that the petitioner is not named in the FIR and during
the course of investigation, his name transpired in the
confessional statement of co-accused Abhishek Kumar and even
in the CCTV footage the petitioner was not seen committing the
alleged crime and nothing incriminating material has been
recovered from his conscious possession. It is further submitted
that the petitioner was not put on Test Identification Parade
despite the informant’s claim made in the FIR of being able to
identify the accused persons and one similarly situated co-
Patna High Court CR. MISC. No.90194 of 2025(2) dt.13-01-2026
2/2
accused person, namely Ayush Ranjan @ Rajeev Ranjan, has
been granted bail by a co-ordinate bench of this Court vide order
passed in Cr. Misc. No. 80238 of 2025 and the petitioner has
been languishing in jail since 21.09.2025.
4. Learned APP for the State has opposed the prayer of
the petitioner but has not been able to refute the aforesaid
submissions made by petitioner’s counsel.
5. Considering the above submissions, the averments
made in this application and mainly taking into account the
petitioner’s aforesaid pleas that he was not seen in the CCTV
footage committing the alleged crime and he was not put on TIP
despite the informant’s claim in the FIR to be able to identify the
accused persons, this Court is inclined to release him on bail.
Accordingly, let the petitioner named-above be released on bail
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the court concerned in connection with Hisua P.S.
Case No. 436 of 2025.
(Shailendra Singh, J)
annu/-
U T
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