Patna High Court
Rishabh Kumar @ Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied because the co‑accused’s confessional statement and the post‑mortem report indicated the petitioner’s participation in the murder.
Summary
The petitioner, Rishabh Kumar (alias Bhola Kumar), was arrested on 18 July 2025 in connection with a murder case (FIR dated 28 April 2025) under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. He was not named in the FIR; his alleged involvement emerged solely from the confessional statement of co‑accused Chunchun Kumar, who claimed that the petitioner and another accused fired at the victim. The State opposed bail, relying on the confessional statement and the post‑mortem report that described multiple gunshot wounds consistent with the alleged firing. The petitioner’s counsel argued that there was no direct evidence, no eyewitnesses, and that the confessional statement alone was insufficient for detention. The Court, after hearing both sides, declined to grant bail, holding that the confessional statement coupled with forensic findings justified continued custody, and dismissed the bail petition.
Issues considered
- Whether the petitioner is entitled to bail when the FIR does not name him but he is implicated through a co‑accused’s confessional statement.
- Whether a confessional statement of a co‑accused, supported by post‑mortem findings, is sufficient ground to deny bail in a murder case.
- Whether the absence of eyewitness testimony affects the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- confessional statement
- post‑mortem report
- criminal procedure
- Bihar Narcotic Substances Act
- Section 103
- Section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14161 of 2026
Arising Out of PS. Case No.-136 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Rishabh Kumar @ Bhola Kumar S/O Vijay Chaurasiya Resident of Village -
Shobhani Jahangira, P.S- Khagaria (Gangour), Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dilip Kumar, Advocate
For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 22-04-2026 Heard Mr.Dilip Kumar, learned counsel for the
petitioner and Mr.Narendra Kumar Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
18.07.2025 in connection with Khagaria (Gangaur) P.S. Case
No. 136 of 2025, F.I.R. dated 28.04.2025 registered for the
offence punishable under Sections 103(1),3(5) of BNS, 2023.
3. The FIR of the occurrence of murder is against
unknown.
4. Learned counsel appearing for the petitioner
submits that the petitioner is not named in the FIR. The name of
the petitioner has been transpired during investigation on the
basis of the confessional statement of co-accused person,
namely, Chunchun Kumar and except the confessional statement
Patna High Court CR. MISC. No.14161 of 2026(4) dt.22-04-2026
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of the co-accused person, no other cogent material has come
during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence and as
per confessional statement of the co-accused person, namely,
Chunchun Kumar, the petitioner and other co-accused person,
namely, Vikash Kumar have fired upon the victim and he he
died. Leanred counsel for the petitioner submits that no one has
seen the occurrence and on one is the eye witness of the alleged
occurrence.
5. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the confessional statement of the co-accused
person, namely, Chunchun Kumar, was recorded at page-38 of
the case diary in which he has categorically stated that the
petitioner and other co-accused person, namely, Vikash Kumar
have fired upon the victim and the postmortem report of the
victim/deceased has supported the same on the person of the
deceased i.e. “Eyes-closed and congested, Mouth-closed &
bleeding from mouth. 1. L. W. at forehead (Rt. Side) about 1"x1"
deep to cranial cavity. Wound-oval with irregular and inverted
margin, blackening present around the wound. 2. L. W. at
mandible left side about 2"x1" deep to bone, wound-rectangular
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with irregular and everted margin, wound no. 1 in in
continuation to wound no. 2. 3. L. W. on chest at clavicle 1/3rd
lateral from sternum of about 1.5"x1" deep to clavicle, wound-
oval in shape with irregular & inverted margin, blackening
present around the wound, and tattooing present at chest wall".
6. Considering the aforesaid facts, I am not inclined
to enlarge the petitioner on bail in connection with Khagaria
(Gangaur) P.S. Case No. 136 of 2025 pending in the court of
learned Chief Judicial Magistrate, Khagaria.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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