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Patna High Court

Rishi Kumar @ RishiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Rishi Kumar, was arrested on 10 December 2025 in connection with a robbery‑theft case (Sasaram PS Case No. 833 of 2025) and charged under Sections 309(5) and 109 of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleged that two miscreants attempted theft, resulting in gunshot injuries to the informant and his son, and that the petitioner’s name was derived from the confessional statement of a co‑accused, Sonu Kumar, rather than being mentioned in the FIR. The petitioner contended that he was falsely implicated, highlighted that a co‑accused, Ritik Kumar, had already been granted bail, and argued that his prior criminal antecedent should not bar bail. The Additional Public Prosecutor opposed bail on the ground of the petitioner’s prior criminal record. The Court, noting the petitioner’s absence from the FIR and reliance on a co‑accused’s confession, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of his criminal antecedent.

Issues considered

  • Whether bail should be granted when the accused is not named in the FIR and his involvement is based solely on a co‑accused’s confessional statement.
  • Whether the petitioner’s prior criminal antecedent justifies denial of bail.

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • confessional statement
  • co‑accused
  • Arms Act
  • Sections 309, 109, 27
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16723 of 2026
                  Arising Out of PS. Case No.-833 Year-2025 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Rishi Kumar @ Rishi S/o- Ashok Singh @ Ashok Kumar Singh Village-
                 Tenduni Police Station- Bikramganj District-Rohtas at Sasaram
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rameshwar Singh, Advocate
                 For the Opposite Party/s :      Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-03-2026                      Heard Mr. Rameshwar Singh, learned counsel for

                   the petitioner and Mr. Anish Chandra, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   10.12.2025 in connection with Sasaram (T) P.S. Case No. 833 of

                   2025, F.I.R. dated 22.10.2025 for the offences punishable under

                   Sections 309(5) and 109 of the BNS, 2023 and Section 27 of the

                   Arms Act.

                               3. According to prosecution case, two miscreants tried

                   to commit theft in the shop of the informant and while trying to

                   stop them the informant received gunshot injuries in his leg and

                   chest and his son received one gunshot injury on his leg.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that the petitioner is not named
Patna High Court CR. MISC. No.16723 of 2026(2) dt.16-03-2026
                                            2/3




          in the F.I.R and his name has been transpired during

          investigation on the basis of confessional statement of the co-

          accused, namely, Sonu Kumar. Thereafter, four accused persons

          have been apprehended including this petitioner. He further

          submits that the police after investigation submitted the charge

          sheet against the petitioner. He further submits that similarly

          situated,     co-accused,       namely,       Ritik   Kumar    who     was

          apprehended along with the petitioner has been granted bail by a

          co-ordinate Bench of this Court vide order dated 12.03.2026

          passed in Cr. Misc. No. 13605 of 2026. The petitioner is in

          custody since 10.12.2025.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries one criminal antecedent other than

          the present one.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner is not named in the F.I.R and his name has

          been transpired on the basis of confessional statement of the co-

          accused who has been granted bail by a Co-ordinate Bench of

          this Court, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the
            Patna High Court CR. MISC. No.16723 of 2026(2) dt.16-03-2026
                                                        3/3




                      learned Chief Judicial Magistrate, Sasaram, Rohtas in

                      connection with Sasaram (T) P.S. Case No. 833 of 2025, subject

                      to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-
U      T


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