Ritesh Kumar @ Nitesh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ritesh Kumar @ Nitesh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner in Malahi P.S. Case No. 38 of 2024 on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-10, Motihari, East Champaran, subject to the five conditions enumerated in the order (family-member bailor with bona fide document; appearance on every trial date; fortnightly police-station appearance till conclusion of trial; no witness tampering; no further offences).

Issue for consideration

Whether the petitioner, in custody since 08.09.2024 in connection with Malahi P.S. Case No. 38 of 2024 for the offences under Sections 317(4), 317(5), 3(5) of the B.N.S. (alleged recovery of a stolen motorcycle from his house), should be released on regular bail.

Court's answer

Taking into account the submissions of the parties, the period of custody (since 08.09.2024) and the petitioner's undertaking to diligently appear in trial, the Court was inclined to extend to the petitioner the privilege of bail with conditions.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-10, Motihari, East Champaran, in connection with Malahi P.S. Case No. 38 of 2024, subject to five conditions: (i) one bailor to be a family member/relative providing an official document of bona fide; (ii) appearance on each and every trial date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court; (iii) appearance before the concerned police station every fortnight till conclusion of trial; (iv) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation; and (v) desistance from committing any further criminal offence, failing which the State may seek cancellation.

Detailed headnote1 paragraphs

Bail — regular bail under Sections 317(4), 317(5), 3(5) of the B.N.S. — Malahi P.S. Case No. 38 of 2024 — prosecution case of recovery/seizure of an alleged stolen Hero Splendor Plus motorcycle from the petitioner's house during a raid following secret information, the petitioner failing to produce documents — petitioner in custody since 08.09.2024 — undertaking to diligently appear in trial — bail granted on a bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-10, Motihari, East Champaran — conditions imposed: one bailor to be a family member/relative with official document of bona fide; appearance on every trial date, failure on two consecutive dates without plausible reason entailing cancellation by the Trial Court; appearance before the concerned police station every fortnight till conclusion of trial; no inducement of or tampering with witnesses/evidence; desistance from further offences.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33640 of 2025

Arising Out of PS. Case No.-38 Year-2024 Thana- MALAHI District- East Champaran

======================================================

Ritesh Kumar @ Nitesh S/o Sheo Pujan Prasad @ Shoepujan Prasad @ Shivpujan Mahto R/o Village- Tejpurwa, Kurmi Tola, P.S.- Malahi, DistrictEast Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

3 04-07-2025

Heard Mr. Pankaj Kumar Jha, learned counsel for the

petitioner and the State.

The petitioner seeks regular bail in connection with Malahi P.S. Case No. 38 of 2024 for the offences under Sections 317(4), 317(5), 3(5) of B.N.S.

As per the prosecution story, the informant who is the police officer, alleged that in course of raiding the ATM Centres, got secret information that petitioner has kept stolen motorcycle, upon which it raided the house of the petitioner and there is recovery/seizure of Hero Splendor Plus Motorcycle beside the Hero Motorcycle, as he failed to provide any document.

Learned counsel for the petitioner submits that they have already suffered by being in custody since 08.09.2024 and

Patna High Court CR. MISC. No.33640 of 2025(3) dt.04-07-2025 2/3

if granted relief, he shall be diligently appearing in trial.

Mr. Bharat Bhushan learned APP on the other hand

opposed the prayer submitting that there has been recovery from the house of the petitioner of the stolen motorcycle.

Taking into account the submissions of the parties as also the period of custody, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-10, Motihari, East Champaran, in connection with Malahi P.S. Case No. 38 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.33640 of 2025(3) dt.04-07-2025 3/3

(iii) the petitioner shall appear before the concerned

police station every fortnight till the conclusion of the trial.

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)

Raj Ranjan/- U T