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Patna High CourtCR. MISC./74859/2025allowed

Ritik Kumar @ Alex Yadav v. The State Of Bihar

2025-12-24Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74859 of 2025 Arising Out of PS. Case No.-163 Year-2025 Thana- NAYAGAON District- Saran ====================================================== Ritik Kumar @ Alex Yadav Son of Baharan Rai @ Sandesh Rai R/O VillageParmanandpur, P.S-Sonpur, District- Saran ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha, Adv.

For the State :

Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Nayagaon P.S. Case No. 163 of 2025 registered for the offences punishable under Sections 109, 3(5) of BNS and Section 27 of the Arms Act.

3. As per prosecution case, on 29.08.2025 the informant was at her home, meanwhile some persons started knocking the door of informant and she heard the sound of two rounds of firing due to which she became scared and started raising alarm. It is alleged that informant identified the petitioner and others, who are said to have fired.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.74859 of 2025(2) dt.24-12-2025 2/3 in the FIR and he has falsely been implicated in this case. He further submits that the very factual position is that on 27.08.2025, informant's son/ Neeraj Kumar and others assaulted the petitioner upon which Sonpur P.S. Case No. 853 of 2025 was lodged against them by the petitioner which is evident from Annexure-2 to the bail petition. Learned counsel further submits that in order to save the skin from Sonpur P.S. Case No. 853 of 2025, mother of said Neeraj Kumar has filed the present case after two days of filing of Sonpur P.S. Case No. 853 of 2025. Learned counsel further submits that during investigation two empty cartridges have been recovered by the I.O. near the door of informant which is an open place and anyone can plant the said story to implicate the petitioner.

Petitioner bears criminal antecedent of one case in which he is on bail. Petitioner is in custody since 30.08.2025. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that petitioner is FIR named accused and he cannot escape from the allegation made in the FIR.

6. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.74859 of 2025(2) dt.24-12-2025 3/3 case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Nayagaon P.S. Case No. 163 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T