Patna High Court
Rishi Kumar @ Rishikesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
The petitioner, Rishi Kumar, was implicated in a case (Ara Nagar PS Case No. 165 of 2026) alleging stone‑pelting and directing an acid attack on Vidya Devi, with charges under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that the FIR contained vague, omnibus allegations and that the actual act of throwing acid was committed by co‑accused, with his role limited to giving directions. He also claimed the case stemmed from a personal dispute and disclosed a prior criminal antecedent. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., imposing conditions such as a bail bond, sureties, personal appearance in court, and provisions for cancellation upon breach or further offences.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the FIR provides sufficient specific allegations to deny anticipatory bail.
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(2), 125, 126(2), 3(5), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- acid attack
- stone pelting
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 B.N.S.S.
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42102 of 2026
Arising Out of PS. Case No.-165 Year-2026 Thana- ARA NAGAR District- Bhojpur
======================================================
Rishi Kumar @ Rishikesh Kumar, S/O Raj Kumar @ Raj Kumar Gupta
Resident of Muhala- Tari( Ara Town), Ward No. 8, P.S.- Ara Nagar, District-
Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Ara Nagar P.S. Case No. 165 of 2026 registered for the
offences under Sections 126(2), 115(2), 125, 118(2), 109(1),
351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he had
pelted stones upon the informant and others and had directed the
lady members of the house to bring the acid, which was kept in
the room, which was ultimately thrown on the face of one Vidya
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Devi, who happens to be the sister-in-law of the informant.
4. Learned counsel for the petitioner submits that
from perusal of the FIR, the allegations against the petitioner are
general and omnibus in nature and no specific overt act has been
levelled against the petitioner. It has further been submitted that
the allegation of throwing acid on the face of the sister-in-law of
the informant is upon two other co-accused persons, namely,
Soni Devi and Puja Kumari and not on the petitioner, however,
there is an allegation that it was the petitioner who directed
them to bring acid. He further refers to Annexure-P/2, wherein
the injury report of Vidya Devi states the injury to be simple in
nature. It has lastly been submitted that it is on account of
personal dispute that the petitioner has falsely been implicated
in this case. It has also been disclosed that the petitioner has one
criminal antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
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bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Ara Nagar P.S. Case No. 165 of 2026, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned 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.
7. Accordingly, the prayer for anticipatory bail is
allowed.
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8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
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