Patna High CourtCR. MISC./76498/2025bail granted

Ritesh Kumar v. The State Of Bihar

2026-02-23Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76498 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- ALOULI District- Khagaria ====================================================== Ritesh Kumar, S/o Jaijai Ram Singh, R/o Village - Budhaura, P.S - Bahadurpur (Alauli), District - Khagaria.

... ... Petitioner

Versus

The State of Bihar 2.

Ramudgar Singh, S/o Late Gogu Singh, R/o Village - Budhaura, P.S - Bahadurpur (Alauli), District - Khagaria.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ranjeet Kumar Singh, Advocate For the State :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-02-2026 Notice has been served to the O.P. No.2. However, nobody is present on his behalf.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail, apprehending his arrest, in connection with Alauli P.S. Case No.120 of 2025, G.R. No.777 of 2025, dated.20.03.2025, registered for the offences punishable under Sections 137(2), 140(3), 96, 61(2) of the B.N.S. and Section 8 of the POCSO Act.

4. As per allegation, the grand daughter of the Informant was kidnapped by the Petitioner, Ritesh Kumar along with the other co-accused, who are family members of the

Patna High Court CR. MISC. No.76498 of 2025(4) dt.23-02-2026 2/3 Petitioner.

5. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that he has nothing to do with the alleged offence. As a matter of fact, the alleged victim has already returned to her family and in her statement as recorded under Section 183 B.N.S.S., she has clearly deposed that nobody had kidnapped her and on account of scolding by her mother she had left her house. This fact has been mentioned in the order dated 08.09.2025 passed by learned Court below, whereby bail petition of the Petitioner was rejected.

6. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

7. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

8. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

9. Considering the statement of the alleged victim as recorded under Section 183 B.N.S.S., before the Judicial Magistrate, prima facie, no offence is made. Hence, this petition is allowed, directing the petitioner, above-named, to be

Patna High Court CR. MISC. No.76498 of 2025(4) dt.23-02-2026 3/3 enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Alauli P.S. Case No.120 of 2025, G.R. No.777 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T