Patna High CourtCR. MISC./20569/2025bail rejected

Ritesh Kumar v. The State Of Bihar

2025-08-19Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20569 of 2025 Arising Out of PS. Case No.-113 Year-2024 Thana- MATIHANI District- Begusarai ====================================================== Ritesh Kumar S/O Pankaj Singh Resident of Village- Sihma, Ward No. 1, P.SMatihani, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mathihani P.S. Case No. 113 of 2024 dated 15.09.2024 registered for the offences punishable u/ss 140 (3) of the B.N.S. and later on, Sections 103, 238 and 61(2) of the B.N.S. were added.

3. As per the prosecution case, on 14.09.2024, after taking meal, the informant's younger brother namely Niraj Kumar went towards Sihma Village but he did not return back to home. The mobile phone of Niraj Kumar was also switched off. It is further alleged that the informant apprehended that his brother was murdered.

Patna High Court CR. MISC. No.20569 of 2025(4) dt.19-08-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case merely on suspicion. The petitioner is not named in the F.I.R. During the course of investigation and the statement of the spy, the petitioner was apprehended by police without any material and he has been implicated in the present case. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.09.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that during the course of investigation, there is specific allegation against the petitioner and the co-accused persons is that they kidnapped the informant's brother and thereafter, they killed him. Learned counsel has further submitted that from perusal of the case diary, the confessional statement of the petitioner in which he has confessed his guilt in the alleged offence and also submitted that the petitioner along with the other co-accused persons have committed murder of the informant's brother by pressing his neck. As per the post-mortem report of the deceased, the cause of death was due to asphyxia caused by strangulation.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.20569 of 2025(4) dt.19-08-2025 3/3 of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner abovenamed on bail.

7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T