Patna High Court

Rishu Kumar @ Nishu SinghversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Rishu Kumar, sought anticipatory bail fearing arrest in a case arising from a communal clash during a Lord Ganesa immersion, where several offences under the Bihar Penal Code were alleged. The prosecution alleged that the petitioner participated in stone‑pelting and assault, identified through video footage and local testimony. The petitioner contended that the allegations were vague, he had no criminal record, and similar co‑accused had already been granted anticipatory bail by a coordinate bench. The State opposed the bail, arguing the seriousness of the offences. After considering the submissions, the court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code.

Issues considered

Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the Bihar Penal Code.
Whether the allegations against the petitioner are specific enough to deny bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Criminal Procedure Code
Section 482
Bihar Penal Code
communal clash
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79518 of 2025
                         Arising Out of PS. Case No.-485 Year-2025 Thana- JAMUI District- Jamui
                 ======================================================
                 Rishu Kumar @ Nishu Singh Son of Anil Singh R/o Village - Neema Rang,
                 Police Station - Jamui, District - Jamui.
                                                                        ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pankaj Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mrs. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehend his arrest in connection

                   with Jamui P.S. Case No.485 of 2025 instituted under Sections

                   191(2), 190, 126(2), 115(2), 223, 196, 299, 125(A), 125(B) and

                   109 of the BNS.

                                3. As per the prosecution case, during immersion of

                   Lord Ganesa, member of two communities created ruckus and

                   pelted stones against each other on account of which law and

                   order situation had arises and after great difficulties, the idol

                   was immersed and the accused persons were identified based on

                   the video footage and by the local people.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. He submits that allegation of assault is general and
           Patna High Court CR. MISC. No.79518 of 2025(2) dt.05-01-2026
                                                       2/2




                     omnibus in nature. He further submits that there is no specific

                     allegation against the petitioner. He submits that similarly

                     situated other co-accused, namely, Md. Shahjad @ Md. Tannu

                     has already been granted the privilege of anticipatory bail by a

                     co-ordinate Bench of this Court vide order dated 08.12.2025

                     passed in Cr. Misc. No. 79814 of 2025. The petitioner has no

                     criminal antecedent and he undertakes to cooperate in the

                     investigation and trial.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail.

                                  6. Considering the facts and circumstances of the case

                     and submissions of learned counsel for the parties, in the event

                     of arrest or surrender before the Court below within six weeks

                     from today, the petitioner be released on bail upon furnishing

                     bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount to each to the satisfaction of the

                     learned Chief Judicial Magistrate, Jamui in connection with

                     Jamui P.S. Case No.485 of 2025, subject to the conditions laid

                     down in Section 482(2) of the BNSS.



                                             (Sunil Dutta Mishra, J)
AjayMishra/-

U      T

Continue reading with your account

Checking your session…