Patna High Court
Rishabh Kumar @ BhanuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to regular bail on furnishing the prescribed bond and sureties.
Summary
The petitioner, Rishabh Kumar, was implicated in a case (Naubatpur P.S. Case No. 607 of 2025) for offences under Sections 103(i) and 3(5) of the B.N.S. and Section 27 of the Arms Act. The incident involved co‑accused Shivam Kumar threatening an informant’s husband and subsequently firing at him, resulting in the husband’s death. The petitioner argued that he was falsely implicated, that no specific allegation of firing was made against him, and pointed to the regular bail granted to a similarly situated co‑accused. The State opposed bail, contending that the petitioner had taken an active role in the crime. After hearing both sides and considering the principle of parity, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, and allowed the application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
Legislation cited
Subjects
- regular bail
- criminal procedure
- Arms Act
- parity
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39161 of 2026
Arising Out of PS. Case No.-607 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Rishabh Kumar @ Bhanu Son of Anil Singh @ Anil Sharma @ Anil Kumar
Sharma Resident of Village- Jagdishpur, P.S.- Naubatpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajanan Mishra, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Naubatpur P.S. Case No.
607 of 2025 dated 05.10.2025 registered for the offences
punishable under Sections 103(i) and 3(5) of B.N.S. and Section
27 of the Arms Act.
3. As per the allegation, the co-accused Shivam
Kumar @ Lovely was abusing the informant in front of her
house, on protest made by her husband, he threatened to kill him
and went away and came after five minutes. Thereafter, the co-
accused Shivam Kumar fired upon the husband of the informant
and he died.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.39161 of 2026(2) dt.17-06-2026
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petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that there is no specific
allegation against the petitioner rather the specific allegation of
firing on the informant’s husband is against the co-accused
Shivam Kumar @ Lovely. It has further been submitted that
similarly situated co-accused Anil Singh @ Anil Sharma @ Anil
Kumar Sharma has been granted the privilege of regular bail by
the Co-ordinate Bench of this Court by order dated 21.05.2026
passed in Cr. Misc. No. 35263 of 2026. It has further been
submitted that petitioner has got one criminal antecedent in
which he is on bail. It has lastly been submitted that petitioner is
in custody since 05.10.2025.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner and have submitted that petitioner took active role
in the commission of crime.
6. Heard the parties and perused the records.
7. Considering the facts and circumstances of the case
as well as the parity, the petitioner above-named is directed to
be enlarged on bail on furnishing bail-bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Court concerned, Danapur,
Patna High Court CR. MISC. No.39161 of 2026(2) dt.17-06-2026
3/3
Patna in connection with Naubatpur P.S. Case No. 607 of 2025.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U
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