Patna High Court
Rishabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied anticipatory bail to the petitioner.
Summary
The petitioner, Rishabh Kumar, applied for anticipatory bail after being named in an FIR alleging that he, along with a co‑accused, assaulted an informant with an iron rod, causing a fractured hand, and stole her gold chain. The prosecution alleged offences under several sections of the Indian Penal Code, including assault, grievous hurt, and robbery. The petitioner claimed innocence, asserting that the allegations were fabricated and that he has a clean record. The State opposed the bail, emphasizing the specific accusations and the seriousness of the injuries. After considering the gravity of the offences and the direct nature of the allegations, the court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the specific accusations of assault, grievous hurt, and robbery under the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- grievous hurt
- robbery
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1502 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai
======================================================
Rishabh Kumar S/o Kameshwar Yadav R/o Village- Kharagwara, P.S.-
Ramgarh Chowk, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Umesh Prasad, Advocate
For the State : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 06-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 115(2),
126(2), 117(2), 303(2), 74, 351(2), 352 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on
01.08.2025 at about 10:20 PM, this petitioner, along with co-
accused Mithilesh Kumar, came and tried to outrage the
modesty of informant. It is further alleged that upon objection,
this petitioner assaulted informant with iron rod due to which
her hand got fractured. The accused persons snatched gold chain
from neck of informant and fled away.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.1502 of 2026(3) dt.06-04-2026
2/2
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case with ulterior motive. Rest of the allegations are
ornamental in order to make the case grave. Petitioner claims
clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that he assaulted informant with
iron rod due to which her hand got fractured. Doctor has found
the injuries sustained by the informant grievous in nature.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and nature of injuries sustained by the injured, the prayer for
grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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