Created by Fuzzy Cloud

Patna High Court

Rishi Dev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to anticipatory bail subject to the conditions imposed under Section 482(2) of the B.N.S.S.

Summary

Petitioners Rishi Dev Kumar and Sanjay Kumar applied for anticipatory bail in a case registered under several sections of the B.N.S., alleging assault with rods that caused injuries to several persons. They contend they have clean antecedents and were falsely implicated, highlighting a 33‑day delay between the alleged incident (06‑04‑2025) and the filing of the complaint (09‑05‑2025), and a further delay before the FIR was lodged (28‑08‑2025). The petitioners also argued that the injury reports were either manipulated or not properly linked to their alleged acts, and that one of the accused, Shatrughan, died due to assault by the informant’s side, which raises doubts about the FIR’s veracity. The State and the informant’s counsel opposed the bail but could not effectively rebut the petitioners’ contentions. The Court, after considering the submissions, directed that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the B.N.S.S., and the application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging serious assault offences.
  • Whether the delay in filing the complaint and FIR, and alleged manipulation of injury reports, warrant bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 351(3), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • false implication
  • assault
  • FIR delay
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18974 of 2026
                       Arising Out of PS. Case No.-371 Year-2025 Thana- MASHRAK District- Saran
                 ======================================================
           1.     Rishi Dev Kumar Son of Ramnath Rai R/o Vilage - Dharmasati -
                  Gandaman(Dharmasati), Mashrakh, Dist - Saran, at Chapra.
           2.    Sanjay Kumar Son of Ramnath Rai R/o Vilage - Dharmasati -
                 Gandaman(Dharmasati), Mashrakh, Dist - Saran, at Chapra.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajit Kumar Singh
                 For the Opposite Party/s :       Mr.Mohammed Arif- A.P.P.
                                                  Mr.Suresh Pd Singh No.1
                                                  Mr.Aditya Raj
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-04-2026                  1. Heard learned counsel for the petitioners, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the informant.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 126(2), 115(2), 117(2), 109, 352, 351(2), 351(3), 3(5)

                   of the B.N.S.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and the

                   informant alleges that on 06.04.2025 at 8.00 P.M., all accused

                   persons including the petitioners started constructing boundary

                   over her land. On objection, Rishi assaulted her son Lalan by
Patna High Court CR. MISC. No.18974 of 2026(2) dt.06-04-2026
                                            2/4




          rod causing fracture of hand and Shatrughan assaulted Lalan by

          rod causing injury on head and Sanjay along with Rishi

          assaulted Santosh by rod causing injury on head while Ram

          Nath assaulted Manju by lathi causing injury on head and the

          injured were taken to hospital.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that the instant FIR arises out

          of a complaint. It is further submitted that date of occurrence is

          06.04.2025 and the complainant filed a complaint case on

          09.05.2025 i.e. after more than 33 days of the occurrence and

          based on the said complaint the instant FIR came to be instituted

          on 28.08.2025. It is further submitted that on date of occurrence

          the side of the informant assaulted the side of the petitioners

          leading to death of Shatrughan during the course of treatment

          for which Mashrakh P. S. Case No.144 of 2025 was instituted. It

          is next submitted that if what has been alleged in the FIR is a

          correct fact, in that event, the fard-bayan of the injured would

          have been recorded in the hospital, but then, it appears that the

          FIR came to be instituted based on a written application of the

          informant, who is not alleged to be an injured. It is next

          submitted that no doubt, injury of the injured has been opined to
Patna High Court CR. MISC. No.18974 of 2026(2) dt.06-04-2026
                                            3/4




          be grievous in nature, but then, the credibility of the injury i.e.

          the injury was caused on account of assault made by the

          petitioners or the injured suffered injury in some other manner is

          an aspect of investigation. It is also submitted that petitioner

          no.1 is alleged to have assaulted her son Lalan by rod causing

          fracture of hand while Sanjay along with Rishi are alleged to

          have assaulted Santosh by rod causing injury on head. It is

          further submitted that the injury suffered by Lalan is on non-

          vital part of the body and as far as Santosh is concerned, his

          injury also has been opined to be grievous, but then, allegation

          of assault is not specific rather it is alleged that Sanjay along

          with Rishi assaulted him when he suffered only one injury. It is

          further submitted that Shatrughan who is also an accused in the

          instant FIR was assaulted brutally by the side of the informant

          who died during the course of treatment.

                       5. At this stage, the learned counsel appearing on

          behalf of the petitioners submits that even the injury report of

          the injured of the side of the informant is dated 06.04.2025 i.e.

          the date of occurrence, on which the learned counsel appearing

          on behalf of the petitioners submits that the injury appears to be

          manipulated or else the doctors would have informed the police

          that on account of assault injured persons have been admitted.
               Patna High Court CR. MISC. No.18974 of 2026(2) dt.06-04-2026
                                                           4/4




                                      6. Learned A.P.P. as well as the learned counsel

                         appearing on behalf of the informant opposes the anticipatory

                         bail application, but then, are not in a position to rebut the

                         submissions of the learned counsel appearing on behalf of the

                         petitioners that Shatrughan from the side of the petitioners died

                         during course of treatment on account of assault for which

                         Mashrakh P. S. Case No. 144 of 2025 was instituted.

                                      7. Considering the submissions made by the learned

                         counsel for the petitioners, the petitioners, above-named, in the

                         event of their arrest or surrender before the learned Court below

                         within a period of six weeks, are directed to be released on

                         anticipatory bail on their furnishing bail-bonds in the sum of Rs.

                         10,000/- (Rupees Ten Thousand) each with two sureties of the

                         like amount each to the satisfaction of the learned Trial Court

                         where the case is pending/successor Court in connection with

                         Mashrakh P. S. Case No.371 of 2025 arising out of Complaint

                         Case No.1066 of 2025, subject to the conditions laid down

                         under Section 482(2) of the B.N.S.S.

                                      8. The application stands allowed.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.