Patna High Court
Rishu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the lack of material evidence and the extended period of custody warranted the grant of regular bail.
Summary
The petitioner, Rishu Kumar, applied for regular bail in a murder case (Sarmera PS Case No. 184 of 2025) under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner, along with others, murdered the informant's brother, but no eyewitness testimony was presented and the petitioner was only last seen with the deceased. The petitioner had been in custody since 5 August 2025, while a co‑accused, Bharat Kewat, had already been granted bail. The State and the informant opposed bail, citing the seriousness of the charges. Considering the lack of substantive evidence and the prolonged pre‑trial detention, the court allowed the bail application, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita.
- Whether the absence of eyewitness evidence and the length of pre‑trial custody justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 137(2), 140(1), 140(3), 238, 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- murder
- evidentiary insufficiency
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19823 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- SARMERA District- Nalanda
======================================================
Rishu Kumar S/O Raj Kumar @ Radhe Kewat @ Ragho Kewat R/O
Gaushnagar, P.S- Sarmera, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anish Chandra, A.P.P.
For the Informant : Mr. Shailendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Sarmera P. S. Case No. 184 of 2025 registered for the offences
punishable under Sections 137(2), 140(3) of the Bharatiya
Nyaya Sanhita to which Sections 103(1), 140(1), 61(2), 238
BNS were added later on.
3. As per prosecution case, on 02.08.2025, brother of
informant went outside but did not return and later on, his dead
body was found. Informant believes that all the F.I.R. named
accused persons, including this petitioner, committed murder of
his brother
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.19823 of 2026(2) dt.01-05-2026
2/2
there is no eye witness to the occurrence and at best, petitioner
was last seen in the company of the deceased. Save and except
suspicion, there is no other material available on record to show
his complicity in the alleged offence. Similarly situated co-
accused, namely, Bharat Kewat has already been granted regular
bail by this Court vide order dated 16.02.2026 passed in Cr.
Misc. No. 7543 of 2026. Petitioner is in custody since
05.08.2025. Charge-sheet has already been submitted.
5. However, learned A.P.P. for the State as well as
learned counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation and period of
custody, this bail application is allowed. The petitioner, above
named, is directed to 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 District &
Additional Sessions Judge-II, Biharsharif, Nalanda in
connection with Sarmera P. S. Case No. 184 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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