Patna High Court
Rishikest Kumar @ Rishikant Kumar @ Rishiket Kumar @ Rishikesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as the petitioner has a clean antecedent and no weapon was recovered from his possession.
Summary
The petitioner, Rishikest Kumar, was arrested on 31‑08‑2025 in connection with a case involving the shooting of a child and alleged possession of a firearm, charged under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution’s case is based on information that a pistol was recovered near a bush and that the petitioner, along with another boy, was identified by the police, although the weapon was not found in his conscious possession. The petitioner pleaded that he has a clean antecedent, the FIR is fabricated, and no weapon was recovered from him, citing that a similarly situated co‑accused had already been granted bail. The State opposed the bail application. The court, noting the lack of possession, the petitioner’s clean record, and the precedent of bail to the co‑accused, ordered his release on bail with a bond of Rs.10,000 and specified conditions for his appearance and conduct.
Issues considered
- Whether bail should be granted to a person charged under the Arms Act when the weapon was not recovered from his possession.
- Whether the petitioner’s clean antecedent and the grant of bail to a co‑accused justify bail in this case.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- possession of firearm
- clean antecedent
- Criminal Procedure Code
- child injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18580 of 2026
Arising Out of PS. Case No.-368 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Rishikest Kumar @ Rishikant Kumar @ Rishiket Kumar @ Rishikesh Kumar
Son of Mantu Saw R/o Village - Shivnagar, Punpun(Noormohiuddinpur), P.S.
- Parsa Bazar, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Bijpuriya, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr.Sudhir Kumar Bijpuriya, learned counsel
for the petitioner and Mr.Mohammad Sufyan, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
31.08.2025 in connection with Parsa Bazar P.S. Case No. 368 of
2025, F.I.R. dated 30.08.2025 registered for the offence
punishable under Sections 25(1-B)(a),26,35 of Arms Act
3. Prosecution story as per the informant Raushan
Kumar, who is S.I in Parsa Bazar P.S got an information that on
30.08.2025 a child is shot in Shivnagar. Then informant with
other police personnel went at the place of occurrence. Then it
came to their knowledge that Dharmendra's son is getting fire-
arm injury. Family members took the child to the hospital for his
Patna High Court CR. MISC. No.18580 of 2026(2) dt.24-03-2026
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treatment. On secret information the informant and other police
personnel reached near Chhut band then they saw that two boys,
who started to flee away. Police caught them. Then said two
boys disclosed their name as Chhotey Kumar @ Nitish and
Rishiket Kumar(petitioner). At the instance of both the persons
the pistol was recovered by police. Police has also arrested co-
accused person namely Piyush Raj.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. From a bare perusal of the
FIR as well as the seizure list it appears that nothing has been
recovered from conscious possession of the petitioner rather the
recovery has been made near the Bush and similarly situated
co-accused person, namely, Chhote Kumar @ Nitish Kumar,
against whom the similar allegation, has been granted bail by a
Coordinate Bench of this Hon’ble Court vide order dated
20.02.2026 passed in Cr. Misc. No.87620 of 2025, and the
police, after investigation, submitted the chargesheet against the
petitioner and the petitioner is in custody since 31.08.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.18580 of 2026(2) dt.24-03-2026
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6. Considering the aforesaid facts, petitioner has clean
antecedent, nothing has been recovered from conscious
possession of the petitioner and similarly situated co-accused
person has been granted bail by a Coordinate Bench of this
Hon’ble 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
learned J.M.-1st Class, Patna in connection with Parsa Bazar
P.S. Case No. 368 of 2025, with 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/her absence on two consecutive dates without sufficient
reason, his/her 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
Patna High Court CR. MISC. No.18580 of 2026(2) dt.24-03-2026
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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)
Nitesh/-
U T
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