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Patna High Court

Rishu Kumar @ Chotu @ Chhotu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions specified under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Rishu Kumar, filed an anticipatory bail application fearing arrest in a railway case (GRP Rail Barh P.S. Case No. 05 of 2025) involving alleged offences under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Arms Act and the Railway Act. The prosecution alleged that the petitioner and another individual fired weapons during a scuffle between two groups of boys. The petitioner contended that he was falsely implicated, had no criminal antecedent, no injury was caused, and the FIR did not disclose how his name was recorded. After hearing both sides, the Court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order effectively protects the petitioner from immediate arrest while the investigation proceeds.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the allegations against the petitioner constitute a prima facie case warranting denial of bail.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • section 482
  • Arms Act
  • Railway Act
  • bail conditions
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12448 of 2026
                      Arising Out of PS. Case No.-5 Year-2025 Thana- BARH RAIL P.S. District- Patna
                 ======================================================
                 Rishu Kumar @ Chotu @ Chhotu Kumar Son of Late Bablu Singh Resident
                 of Village- Jamalpur, P.S.- Athmalgola, District- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Karandeep Kumar, Advocate
                 For the Opposite Party/s :        Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   26-02-2026                     Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                   2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with GRP Rail Barh P.S. Case no. 05 of 2025

                   instituted for the offence under Sections 191(1), 191(2), 126(2),

                   115(2), 125, 352, 3(5) of the B.N.S., 2023, Sections 27 of the

                   Arms Act and Sections 145 and 147 of the Railway Act.

                                  3. The case of the prosecution, in short, is that two

                   groups of the boys were having scuffle between them, and they

                   were also making firing. It is alleged that the petitioner and one

                   Veeru Kumar were making firing.

                                   4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
           Patna High Court CR. MISC. No.12448 of 2026(2) dt.26-02-2026
                                                       2/2




                     committed no offence. He has falsely been implicated in this

                     case. He also submits that it is not disclosed in the FIR as to

                     who has disclosed the name of this petitioner to the informant.

                     He further submits that a statement has been made in para-3 of

                     this petition that the petitioner has got no criminal antecedent

                     and no one has received any injury.

                                    5. In contra, learned APP appearing for the State has

                     opposed the prayer of bail of the petitioner.

                                    6. Having heard learned counsel for the parties and

                     in the facts and circumstances of the case as stated above, this

                     Court is inclined to enlarge the petitioner on bail. The petitioner

                     is directed to surrender in the Court below within a period of

                     four weeks from today and in the event of his arrest or surrender

                     in connection with GRP Rail Barh P.S. Case No. 05 of 2025, he

                     will be enlarged on bail on furnishing bail bond of Rs. 10,000/-

                     (Rupees ten thousand) with two sureties of the like amount each

                     to the satisfaction of learned Judicial Magistrate, Railway, Patna

                     subject to the conditions as laid down under section 482(2) of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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