Created by Fuzzy Cloud

Patna High Court

Rishav Jha @ Rishav Kumar @ Shravan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Rishav Jha, was arrested in connection with a case registered under sections 126(2), 115(2), 109 and 3(5) of the B.N.S. and sections 25(1‑B)(a), 37 and 27 of the Arms Act. The prosecution alleges that he held an informant while a co‑accused fired at the informant, causing injury. The petitioner contended that he did not fire any weapon, was falsely implicated, and has no allegation of evidence tampering, though he has four prior criminal antecedents and has been in custody since 28‑09‑2025. The State opposed bail, citing the seriousness of the offences. The Court, after considering the submissions and circumstances, ordered regular bail on a bond of Rs.10,000 with two sureties, subject to cancellation if evidence is tampered with. The application for bail was allowed.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the seriousness of the offences under the B.N.S. and the Arms Act
  • Whether the petitioner poses a risk of tampering with evidence or influencing the investigation

Legislation cited

  • Arms Act — s. 25(1-B)(a), 27, 37
  • B.N.S. — s. 109, 115(2), 126(2), 3(5)

Subjects

  • regular bail
  • arms act
  • criminal procedure
  • evidence tampering
  • serious offences
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13869 of 2026
                     Arising Out of PS. Case No.-207 Year-2025 Thana- PRATAPGANJ District- Supaul
                 ======================================================
                 Rishav Jha @ Rishav Kumar @ Shravan Kumar S/o Digamber Jha R/o
                 Village - Govindpur (ward no.-2), P.S - Pratapganj, District - Supaul
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Pratapganj P.S. Case No.

                   207 of 2025 registered for the offences punishable u/s 126(2),

                   115(2), 109 and 3(5) of the B.N.S. and Sections 25(1-B)(a), 37,

                   27 of the Arms Act.

                                3. As per the prosecution case, the petitioner is alleged

                   to have caught hold the informant and co-accused Pintu Ram is

                   alleged to have fired upon the informant, which hit the waist of

                   the informant and he became unconscious and fell on the

                   ground. Thereafter, the informant was taken to the PHC,

                   Pratapganj for treatment.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in
              Patna High Court CR. MISC. No.13869 of 2026(2) dt.12-03-2026
                                                          2/2




                        this case. It is further submitted that the petitioner is not alleged

                        to have fired upon the informant nor is he alleged to be holding

                        any lethal weapon. It is also submitted that the petitioner has

                        four criminal antecedents and is in custody since 28.09.2025. It

                        is lastly submitted that the charge sheet has been submitted and

                        there is no allegation of tampering with the evidence.

                                      5. Learned APP for the State has vehemently opposed

                        the prayer for bail of the petitioner.

                                      6. Considering the aforesaid submissions of the

                        parties and taking into account the facts and circumstance of the

                        case, let the petitioner above-named, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        learned Court concerned, Supaul, in connection with Pratapganj

                        P.S. Case No. 207 of 2025.

                                      7. The application stands allowed.

                                      8. If the petitioner tampers with the evidence, the

                        prosecution may take steps for cancellation of bail-bonds of the

                        petitioner.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.