Patna High Court
Rishabh Kumar @ Rishabh JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied bail, holding that the petitioner’s alleged motive and the co‑accused’s confession justified refusal of bail.
Summary
The petitioner, Rishabh Kumar, was arrested in connection with a murder case (PS Case No. 249 of 2023) involving offences under Sections 302, 201 and 34 of the Indian Penal Code. The deceased, Rohani Nandan, was found buried on a farm and his mother identified him; she later alleged that the petitioner’s wife had an illicit relationship with the victim, giving the petitioner a motive. The prosecution relied on the confessional statement of a co‑accused, Ritesh, who named the petitioner, and on later statements of independent witnesses alleging the affair. The petitioner argued that he had been acquitted in two prior cases and therefore possessed a clean antecedent, and that no eye‑witness directly linked him to the murder. The court held that the seriousness of the charges, the alleged motive, and the reliance on a co‑accused’s confession warranted denial of bail, and consequently rejected the bail petition.
Issues considered
- Whether the petitioner is entitled to bail under Section 439 of the Criminal Procedure Code given the nature of the offences (murder, abetment and conspiracy).
- Whether the confessional statement of a co‑accused and the alleged motive are sufficient grounds to refuse bail.
- Whether the petitioner’s prior acquittals affect the assessment of his bail eligibility.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- IPC
- Section 302
- Section 201
- Section 34
- confession of co‑accused
- motive
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1130 of 2026
Arising Out of PS. Case No.-249 Year-2023 Thana- KHODAWANDPUR District- Begusarai
======================================================
Rishabh Kumar @ Rishabh Jha S/o Rajesh Jha R/o Village- Bikrampur, PS-
Cheriya Bariyarpur, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv.
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Khodawandpur P.S Case no.249 of 2023 registered for the
offences punishable under Sections 302, 201 and 34 of the
Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases, but then petitioner was
acquitted in both the cases, as such petitioner is a person with
clean antecedent, and the informant alleges that on 27-8-2023,
he received a secret information that a dead body is found
buried in the farm of Prashant Kumar and villagers had gathered
at the place of occurrence, accordingly the informant along with
the police force reached the place of occurrence and the dead
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body in presence of the Magistrate was recovered and the same
was video-graphed, the deceased was wearing a blue t-shirt and
a half pant and there were mark of injuries on the body, from
which it appeared that the deceased was murdered by some
unknown accused and the body was sent for postmortem.
4. Learned counsel for the petitioner submits that
during the course of investigation, it transpired that the name of
the deceased is Rohani Nandan and is son of Kari Devi. It is
next submitted that Kari Devi, on coming to know that a dead
body has been recovered, reached the place of occurrence and
identified the body as of her son and thereafter on 16-9-2023,
her statement was recorded, wherein she stated that the deceased
had left the house on 22-8-2023 and was in contact with her till
24-8-2023, but thereafter the deceased never contacted her, she
also revealed that few days back, three miscreants had entered
her house with a view to commit loot for which Cheriya
Bariyarpur P.S. Case no.101 of 2023 was instituted against three
persons including one Ritesh and the accused persons of
Cheriya Bariyarpur P.S. Case no.101 of 2023 along with others
were threatening the deceased to compromise the case.
5. Learned counsel for the petitioner submits that it
absolutely does not stand to reason that if son of Kari Devi was
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missing since 24-8-2023 then why she did not institute an FIR
promptly, it is also submitted that it was only when the dead
body was recovered, thereafter Kari Devi came forward and got
her statement recorded. It is next submitted that petitioner is not
an accused in Cheriya Bariyarpur P.S. Case no.101 of 2023, as
such there was no occasion for the petitioner to give threat to the
deceased for compromising the case. It is further submitted that
during the course of investigation, Ritesh, who is an accused in
Cheriya Bariyarpur P.S. Case no.101 of 2023, was apprehended
and he disclosed the name of other accused persons including
the petitioner of committing the occurrence of murder of the
deceased, as such the name of the petitioner transpired based on
confessional statement of Ritesh. It is next submitted that 18
months thereafter, statement of independent witnesses was also
recorded by the police who disclosed that the deceased was
having an affair with the wife of the petitioner and as such
petitioner along with others committed the occurrence of
murder. It is further submitted that petitioner was aware of his
wife's illicit relationship with the deceased, but then there is no
eye-witness to the occurrence and the entire allegation hinges
around suspicion that petitioner was also involved in the
occurrence based on confessional statement of Ritesh. It is also
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submitted that petitioner is in custody since 10.10.2025.
6. Learned A.P.P. for the State vehemently opposes the
prayer for bail of the petitioner and submits that Ritesh was an
accused in Cheriya Bariyarpur P.S. Case no.101 of 2023. It is
next submitted that it has been submitted on behalf of the
petitioner that petitioner was not an accused in Cheriya
Bariyarpur P.S. Case no.101 of 2023, but then Ritesh was
knowing the petitioner, as such, he disclosed his name when he
was arrested and during the course of investigation, it also
transpired that wife of the petitioner was in an illicit relationship
with the deceased and the same was in knowledge of the
petitioner, hence petitioner had strong motive for committing
the occurrence.
7. Considering the submissions made by the learned
APP, the Court is not inclined to release the petitioner on bail.
8. Accordingly, the prayer for bail of the petitioner is
rejected
(Satyavrat Verma, J)
amit/-
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