Patna High Court
Rishi Sharma @ Rishi Raj @ Rishiraj SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to monetary sureties and conditions, finding that the circumstances did not warrant continued detention.
Summary
The petitioner, Rishi Sharma, was arrested in connection with a robbery case (Shahkund P.S. Case No. 189 of 2022) alleged under Section 392 of the Indian Penal Code. He contended that he was falsely implicated, not named in the FIR, and that his confession to police held no evidentiary value. The petitioner highlighted the absence of recovered stolen articles, lack of a thorough investigation (no T.I.P. conducted), and that only one witness had been examined, while noting that a co-accused had previously been granted bail. The State opposed the bail application, emphasizing the seriousness of the offence and the petitioner’s nine prior criminal antecedents. Considering the lack of incriminating material, procedural lapses, and the petitioner’s custody duration, the Court granted bail subject to monetary sureties and specific conditions, including regular court appearances and non‑interference with evidence or witnesses.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Section 392 IPC for robbery.
- Whether the alleged procedural deficiencies (absence of T.I.P., lack of recovered stolen articles, minimal witness testimony) justify granting bail.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- false implication
- evidence
- witness tampering
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12294 of 2026
Arising Out of PS. Case No.-189 Year-2022 Thana- SHAHKUND District- Bhagalpur
======================================================
Rishi Sharma @ Rishi Raj @ Rishiraj Sharma S/o Manoj Sharma @ Manoj
Kumar Sharma R/o Village - Mahouta, P.S - Amarpur, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Shahkund P.S. Case No. 189 of 2022, instituted for the offences
under Sections 392 of the Indian Penal Code.
3. Prosecution case, in short, is that three unknown
miscreants came to the informant and assaulted him as well as
committed robbery by snatching mobile phone, Aadhar Car, Pan
Card and Driving License and voter I.D Card of the informant.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. In course of investigation,
petitioner has confessed his guilt before the Police, which has
no evidentiary value in the eye of law. Learned counsel for the
Patna High Court CR. MISC. No.12294 of 2026(2) dt.12-03-2026
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petitioner further submits that other co-accused has been granted
bail by a Co-ordinate Bench of this Court vide order dated
18.05.2023 passed in Cr. Misc. No. 23298 of 2023. No
incriminating/looted article has been recovered from the
conscious possession of the petitioner. Learned counsel further
submitted that petitioner has got no concern with the stolen
articles. Learned counsel further submitted that T.I.P. has not
been conducted till date to ascertain the involvement of the
petitioner in the alleged offence. He further submitted that only
one witnesses has been examined in this case. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 28.10.2024 and has nine criminal antecedents.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.12294 of 2026(2) dt.12-03-2026
3/3
below/concerned Court in connection with Shahkund P.S. Case
No. 189 of 2022, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The Petitioner shall not commit offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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