Patna High Court
Rishu Kumar @ Chotu @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 125, 126(2), 191(1), 191(2), 3(5), 352, 482(2)
- Railway Act — s. 145, 147
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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