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Patna High Court

Rishikesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner, subject to bond and conditions, as the circumstances indicated no serious threat to the trial and the petitioner had a clean antecedent and a compromise in place.

Summary

The petitioner, Rishikesh Kumar, was arrested on 21 January 2026 in connection with an FIR dated 2 October 2025 alleging that he fired at the son of an informant over a petty dispute, causing a simple injury. He is charged under several sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioner pleaded that he has a clean antecedent, the injury was minor, and both parties had filed a compromise petition on 21 January 2026, indicating no intent to kill. The prosecution opposed bail, but the court considered the clean record, the compromise, and the nature of the injury. The court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the accused under the Bihar Narcotic Substances Act, 2023 and the Arms Act in view of the facts.
  • Whether the existence of a compromise petition and the simple nature of the injury justify bail.
  • Whether a clean criminal antecedent warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • compromise petition
  • clean antecedent
  • Arms Act
  • Bihar Narcotic Substances Act
  • simple injury
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19464 of 2026
                     Arising Out of PS. Case No.-206 Year-2025 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Rishikesh Kumar son of Mahesh Singh Resident of Village -Anand Golwa
                 (incorrectly Mentioned in the FIR, As Aanandgolva), PS- Mohiuddin nagar
                 Distt -Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Suneil Kumar Thakur, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   31-03-2026                    Heard Mr. Suneil Kumar Thakur, learned counsel for

                   the petitioner and Mr.             Yogendra Kumar Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.01.2026 in connection with Mohiuddin nagar P.S. Case No.

                   206 of 2025, F.I.R. dated 02.10.2025 for the offences punishable

                   under Sections 126(2), 115(2), 109(1), 352, 351(2), 351(3) and

                   3(5) of the BNS, 2023 and Section 27 of the Arms Act.

                               3. According to prosecution case, this petitioner over

                   a petty dispute fired upon the son of the informant due to which

                   he received injury.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.19464 of 2026(2) dt.31-03-2026
                                            2/3




          implicated in the present case. It appears from the FIR that

          although there is direct and specific allegation against the

          petitioner that he has fired upon the son of the informant due to

          which he received injury but the injury report of the injured

          person suggest that the injury is simple in nature. Apart from

          that, after sometime both the parties have filed compromise

          petition before the learned Court below on 21.01.2026. It also

          appears from the FIR that on a spur of moment the present

          occurrence has taken place and there is no intention to kill

          anyone. The petitioner is in custody since 21.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, both the parties have

          enter into compromise and nature of injury is simple, 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 learned Sub

          Divisional Judicial Magistrate, Shahpur Patori, Samastipur in

          connection with Mohiuddin nagar P.S. Case No. 206 of 2025,

          subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.19464 of 2026(2) dt.31-03-2026
                                                        3/3




                      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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