Patna High Court
Rishikesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 351(3), 352
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
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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
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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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