Patna High Court
Rishu Kumar @ Duldul @ Duldul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that bail should be granted to the petitioners, subject to conditions, as the circumstances did not warrant denial of liberty.
Summary
The petitioners, Rishu Kumar and Pritam Kumar, sought bail in connection with a robbery‑and‑assault case (Sasaram Muffasil P.S. Case No.216 of 2025) registered under Section 310(2) of the Bharatiya Nyaya Sanhita. The FIR described an attack on a victim who was robbed of Rs.25,000, and the petitioners’ names were implicated solely through the confessional statement of a co‑accused, Dinesh Kumar, with no material recovered from their premises. The petitioners argued they were falsely implicated, cited the lack of direct evidence, and pointed to a prior anticipatory bail order in a similar case (Cr. Misc. No.66939 of 2025). The State opposed bail, contending a risk of flight and possible tampering with evidence. The Court, after weighing the circumstances, granted bail to both petitioners subject to a bond of Rs.10,000 each, two sureties, and specific conditions under Section 482(2) of the BNSS, including regular court appearances and non‑interference with witnesses.
Issues considered
- Whether bail should be granted in a case punishable under Section 310(2) of the Bharatiya Nyaya Sanhita.
- Whether the reliance on a co‑accused’s confessional statement suffices to justify denial of bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or committing further offences.
- Whether the precedent of anticipatory bail in Cr. Misc. No.66939 of 2025 is applicable.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 310(2), 482(2)
Subjects
- bail
- anticipatory bail
- Section 310
- Bharatiya Nyaya Sanhita
- criminal procedure
- confessional statement
- witness tampering
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69815 of 2025
Arising Out of PS. Case No.-216 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Rishu Kumar @ Duldul @ Duldul Kumar Son of Late Ran Bachan Singh
Resident Of Village - Mehandiganj Mishripur Ps - Sasaram Muffassil, Dist-
Rohtas
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 70004 of 2025
Arising Out of PS. Case No.-216 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Pritam Kumar @ Bablu @ Bablu Kumar S/o Late Ram Bachan Singh R/o vill
- Mehandiganj, Mishripur, P.S.- Sasaram (Mufassil), Distt.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 69815 of 2025)
For the Petitioner/s : Mr.Pramod Kumar
For the Opposite Party/s : Mr.Uday Chand Prasad
(In CRIMINAL MISCELLANEOUS No. 70004 of 2025)
For the Petitioner/s : Mr.Pramod Kumar
For the Opposite Party/s : Mr.Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. As both the bail applications arise out of the
same police station case number, and with the consent of the
parties, they are being heard together and disposed of by this
common order.
Patna High Court CR. MISC. No.69815 of 2025(3) dt.21-01-2026
2/4
3. The petitioners are apprehending their arrest in
connection with Sasaram Muffasil P.S. Case No.216 of 2025,
dated 26.06.2025 registered for the offence punishable under
Sections 310(2) of the Bharatiya Nyaya Sanhita.
4. As per the FIR, while the informant was
patrolling at village Khanda, he received information that some
unknown persons with an intention to loot were beating one
person, and to verify the same and take action, the informant
reached the alleged place where he found the victim, who
disclosed his name as Dilip Kumar. Dilip Kumar further told the
informant that a four wheeler intercepted his vehicle and 6-7
persons assaulted him and snatched Rs.25,000/- from him.
5. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. It is further submitted that the petitioners are not
named in the FIR and their names transpired in the present case
on the basis of confessional statement of the co-accused person,
namely, Dinesh Kumar. There has been no recovery of
incriminating article from the houses of the petitioners. It is
further submitted that similarly situated person has been granted
anticipatory bail by this Court vide order dated 17.09.2025
passed in Cr. Misc. No.66939 of 2025. Lastly, it is submitted
Patna High Court CR. MISC. No.69815 of 2025(3) dt.21-01-2026
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that the petitioners have four criminal antecedents.
6. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
7. Considering the facts and circumstances of the
case, let the above named petitioners, be released on bail, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Cheif
Judicial Magistrate, Sasaram/Successor Court in connection
with Sasaram Muffasil P.S. Case No.216 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.69815 of 2025(3) dt.21-01-2026
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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