Ritik Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51110 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- DAUDPUR District- Saran ====================================================== Ritik Ojha, aged about 19 years, Gender-Male, S/O Ashok Ojha, R/O VillageChamrahiya, P.S- Daudpur, Distt.- Saran at Chapra. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party :
Mrs. Veena Kumari Jaiswal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Daudpur P.S. Case No. 26 of 2025 dated 27.01.2025 registered for the offences punishable under Sections 310(4), 310(5) read with Section 3(5) of the B.N.S., 2023 and Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, on secret information, police intercepted three motorcycles at Chamarhiyan Ekma Road and apprehended three accused persons including the present petitioner and on search, one mobile and one knife were recovered from the possession of the petitioner.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.51110 of 2025(3) dt.31-07-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is submitted that as per the F.I.R., one Samsung Mobile Phone and one knife are said to have been recovered from the possession of the petitioner but the real fact is that the said mobile phone was purchased by the petitioner whereas in fact, no knife was recovered from the possession of the petitioner rather the same has been shown to be recovered from possession of the petitioner by getting it planted only in order to implicate the petitioner in the present case with grave allegation of showing the recovery of knife from his possession merely on the basis of suspicion. It is further submitted that the F.I.R.
named accused persons have not disclosed as to whether what kind of occurrence had to be committed by them. The petitioner is not the owner of the seized three motorcycles in question. The petitioner has no concern with the alleged offence. It is further submitted that the other co-accused person, namely, Anshu Kumar Rai, has already been granted bail by a Bench of this Court in Cr. Misc. No. 21897 of 2025 vide order dated 23.04.2025, annexed as Annexure- P/2 to the present bail application. The petitioner has two criminal antecedents and in one case, he has been declared juvenile and in another case, he is on bail as stated in paragraph no. 3 of the bail petition.
Patna High Court CR. MISC. No.51110 of 2025(3) dt.31-07-2025 3/3 in custody in this case since 27.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged 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 learned J.M. Ist Class, Saran at Chapra in connection with Daudpur P.S. Case No. 26 of 2025 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T