Patna High Court
Rishi Kumar @ RishiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 309(5)
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
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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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