Patna High Court
Ritik Kumar @ Khoaa SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was denied as there was no fresh ground for reconsideration of the earlier refusals.
Summary
The petitioner, Ritik Kumar, was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for the murder of an informant's father. He has been in custody since 21 November 2022 and this was his third application for bail, having been denied previously on 1 February 2024 and 17 January 2025. The prosecution argued that no new grounds were presented for reconsideration and that the length of custody alone could not justify bail. The trial court reported that all prosecution witnesses had been examined except one seizure‑list witness, and the trial was expected to conclude within two months. The High Court found no fresh basis to revisit the earlier bail refusals and therefore rejected the bail petition, directing the trial court to expedite disposal and the Superintendent of Police to ensure the remaining witness appears.
Issues considered
- Whether bail can be granted in the absence of any fresh ground despite prolonged pre‑trial detention.
- Whether the stage of trial and pending witness testimony justify granting bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- pre‑trial detention
- murder
- IPC 302
- IPC 34
- Arms Act 27
- trial delay
- no fresh ground
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91394 of 2025
Arising Out of PS. Case No.-836 Year-2022 Thana- NAGAR District- Vaishali
======================================================
Ritik Kumar @ Khoaa Singh, S/O Raju Kumar Ram @ Raju Ram Resident of
Mohalla- Ambedkar Colony Subhash Chok Pokhara Mohalla Hajipur, Police
Station- Hajipur Town, Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sessions Trial No. 684 of 2023, arising out of
Hajipur Town P.S. Case No. 836 of 2022, registered for the
alleged offences under Sections 302/34 of the Indian Penal Code
and Section 27 of the Arms Act.
3. As per the prosecution case, the father of the
informant was murdered by unknown miscreants and the name
of the petitioner transpired during investigation as one of the
persons involved in the alleged offence.
4. The learned counsel for the petitioner submits that
this is the third attempt of the petitioner to seek bail from this
Patna High Court CR. MISC. No.91394 of 2025(3) dt.06-02-2026
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Court. Earlier, the prayers for bail of the petitioner were rejected
vide orders dated 01.02.2024 & 17.01.2025 passed in Cr. Misc.
Nos. 65317 of 2023 & 58538 of 2024, respectively. The learned
counsel further submits that the petitioner is in custody since
21.11.2022, but the trial has not been concluded till date. The
learned counsel further submits that there is no likelihood of
early conclusion of trial.
5. The learned APP vehemently opposes the
submission made on behalf of the petitioner. The learned APP
submits that no fresh ground has been brought on record for
reconsideration of prayer of bail and the period of custody could
not be a ground.
6. A report dated 17.01.2026 has been received from
the learned trial court about the present stage of trial wherein the
learned trial court has submitted that all the prosecution
witnesses have been examined in this case except for one
seizure list witness and for appearance of aforesaid seizure list
witness, NBW was issued on 16.01.2026 and the learned trial
court has further submitted that the trial was likely to be
concluded within two months.
7. Having regard to the facts and circumstances and
submission made on behalf of the parties, I do not find any new
Patna High Court CR. MISC. No.91394 of 2025(3) dt.06-02-2026
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ground to reconsider the prayer for bail of the petitioner. Hence,
his prayer for grant of bail is rejected.
8. However, the learned trial court is directed to abide
by its undertaking and dispose of the matter at the earliest.
9. At the same time, the Superintendent of Police,
Vaishali at Hajipur is directed to ensure the presence of
remaining prosecution witness on the date fixed before the
learned trial court. In case, the Superintendent of Police fails to
produce the witness on the date fixed, he will be called before
this Court to explain the circumstances.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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