Patna High Court
Rishav Kumar @ Rishav RajversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Rishav Kumar, was arrested in connection with offences under the Narcotic Drugs and Psychotropic Substances Act (Sections 8, 20(b)(ii), 22(a)) and the Arms Act (Sections 25(1‑B)a, 26, 35), alleged to have possessed a pistol, an illegal firearm, cartridges and 7.30 grams of heroin‑type substance. He contended that he was falsely implicated, that no arms or contraband were actually recovered at the scene, and that the purported confessional statement was not recorded in any official memo, rendering the recovery material inadmissible. The petitioner had been in custody since 27 June 2025 and had prior criminal cases, but had not previously applied for anticipatory or regular bail. The State opposed the bail application, citing the seriousness of the offences and the petitioner’s antecedents. The Court, after considering the circumstances, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and imposing conditions to ensure his availability for investigation and to prevent interference with the trial. The order also provided for cancellation of bail if the petitioner concealed further criminal antecedents or misrepresented prior bail petitions.
Issues considered
- Whether bail should be granted in a case involving offences under the NDPS Act and the Arms Act despite alleged possession of illegal weapons and narcotics.
- Whether the alleged confessional statement and seizure of contraband, lacking proper documentation, constitute admissible evidence to deny bail.
- Whether the petitioner’s prior criminal antecedents and failure to apply earlier for anticipatory bail affect the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii), 22(a), 8
Subjects
- bail
- NDPS Act
- Arms Act
- criminal procedure
- anticipatory bail
- confessional statement
- seizure of contraband
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78312 of 2025
Arising Out of PS. Case No.-229 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Rishav Kumar @ Rishav Raj, S/o Mr. Tuntun Singh, R/o Vill.- Bari Eghu,
Ward no. 45, P.S.- Mufassil, Dist.- Begusarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ajay Kumar Thakur, Advocate
Ms. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
Mr. Purushottam Kumar, Advocate
For the State : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mufassil P.S. Case No.229 of 2025, dated-26.06.2025 registered
for the offences punishable under Sections 8, 20(b)(ii), 22(a) of
the Narcotic Drugs and Psychotropic Substance Act and
Sections 25(1-B)a, 26, 35 of the Arms Act.
3. As per allegation, there was information that two
persons, including the Petitioner armed with pistol are
terrorizing the people near Aradhya Peya Jal Water Plant at
Eghu, Begusarai and when the police reached there, the accused
persons, including the Petitioner started fleeing away throwing
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their arms and one illegal fire arm, three cartridges and 7.30
grams of smack was recovered from the roof of the latrine of the
community hall.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that at the place of occurrence, the
Petitioner was not alleged to have any arms, ammunition or
contraband but as per the case of the prosecution, seeing the
police, they threw away the same but it is not possible that they
can throw such articles on the roof of the community hall. He
also submits that the so-called confessional statement made
before the police by the Petitioner is not recorded as there is no
memo of such recovery nor is there any detailed memo
regarding the seizure. As such, the so-called recovery in
pursuance of the confessional statement before the police has no
legal significance. As such, there is no legally admissible
material against the Petitioner on the record. He also submit that
charge sheet has already been submitted.
5. He further submits that the petitioner has been
languishing in jail since 27.06.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has earlier been made accused in
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seven other cases.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned concerned Court
below in connection with Mufassil P.S. Case No.229 of 2025 on
the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
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disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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