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Patna High Court

Rishav Raj @ Rishav KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted as the petitioner’s prior criminal record and the serious nature of the alleged offences justified denial of bail.

Summary

The petitioner, Rishav Raj, applied for anticipatory bail after being implicated in a case involving alleged assault on a lady police officer during a police operation. He claimed the allegations were exaggerated, that he only intervened to protect his family, and that the injury to the informant was minor. The State opposed the bail, emphasizing the seriousness of the charges under multiple sections of the B.N.S., 2023 and the petitioner’s antecedent of three prior cases. The court considered the seriousness of the offences, the lack of documentary evidence supporting the petitioner’s version, and his prior criminal record. Concluding that the allegations were serious and the petitioner was not a first‑time offender, the court refused to grant anticipatory bail. The application was dismissed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the applicable provisions given the nature and seriousness of the offences alleged
  • Whether the petitioner’s antecedent criminal record precludes the grant of anticipatory bail
  • Whether the alleged assault on a police officer constitutes a serious offence warranting denial of bail

Legislation cited

  • B.N.S., 2023 — s. 115(2), 121(1), 121(2), 126(2), 132, 190, 191(2), 223, 351(2), 352, 74

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Section 438
  • assault on police officer
  • antecedent criminal record
  • bail denial
  • B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85748 of 2025
                 Arising Out of PS. Case No.-305 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Rishav Raj @ Rishav Kumar S/o- Manoj Prasad @ Manoj Kumar Mohalla -
                 Chaklokman Gudari Bazar Gola Patti ward no. 12, P. S. - Dalsingsarai Dist. -
                 Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dilip Kumar Roy
                 For the Opposite Party/s :      Ms. Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Dalsingsarai P.S. Case No.305/2025, registered for the

                   offence punishable under Sections 190, 191(2), 126(2), 115(2),

                   132, 223, 121(2), 121(1), 74, 352, 351(2) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases and the informant

                   alleges that she along with police force had come to Gudri

                   Bazar in connection with investigation of Dalsingsarai P.S. Case

                   No.291/2025, when Manoj along with his family members

                   started misbehaving with the police and the petitioner along

                   with Manoj caught the informant and torn her dress and even
Patna High Court CR. MISC. No.85748 of 2025(2) dt.15-01-2026
                                            2/3




          scratched her with nails and the petitioner tried to snatch her

          pistol, on arrival of more force, some accused were apprehended

          while petitioner along with some other accused fled.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that even presuming what has

          been alleged is true without admitting then informant suffered

          simple injury. It is next submitted that petitioner was returning

          from his coaching when he saw force at his house misbehaving

          with his family members, as such he dissuaded the informant

          and the force from entering his house and thus an altercation

          took place in between both the sides. It is next submitted that

          allegation of tearing clothes and nailing the informant is

          exaggerated.

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

          prayer for anticipatory bail of the petitioner and submits that

          though it has been submitted that petitioner was coming from

          coaching and is a student but then no documentary evidence on

          record to substantiate the said submission. It is further submitted

          that informant is a lady police officer and she specifically

          alleges that petitioner tore her clothes and nailed her and even

          tried to snatch her pistol. It is next submitted that investigation
             Patna High Court CR. MISC. No.85748 of 2025(2) dt.15-01-2026
                                                         3/3




                       in the case is continuing.

                                    6. Considering the submissions made by the learned

                       APP and taking into consideration that petitioner has antecedent

                       of three cases, the Court is not inclined to extend the privilege

                       of anticipatory bail to the petitioner.

                                    7. The anticipatory bail application of the petitioner is

                       rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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