Patna High Court

Rishi KumarversusThe State of Bihar

Decided: 6 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Rishi Kumar was arrested for alleged offences under Section 309(6) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act after a robbery and shooting in which the victim, Yudhisthir Seth, died. The prosecution’s case was based on a First Information Report and the fact that the petitioner was present at the scene, but no direct evidence linked him to the shooting. A co‑accused, Ritik Roushan, confessed that he alone fired at the victim, and the victim did not identify the petitioner. The petitioner argued that he was falsely implicated, had only one prior case for which he was already on bail, and had been in judicial custody since 7 August 2025. The court, after considering the lack of material connecting the petitioner to the crime and his personal circumstances, ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the seriousness of the offences alleged under the Bihar Narcotic Substances Act and the Arms Act.

Legislation cited

Arms Act — s. 27
Bihar Narcotic Substances Act — s. 309(6)

Subjects

regular bail
bail application
criminal procedure
Arms Act
Bihar Narcotic Substances Act
confessional statement
evidentiary insufficiency
robbery
shooting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.88684 of 2025
                  Arising Out of PS. Case No.-147 Year-2025 Thana- SONHAN District- Kaimur (Bhabua)
                 ======================================================
                 Rishi Kumar Son of Chandrabhan Ram R/o Village - Kirkala, P.S. - Sonhan,
                 Distt. - Kaimur at Bhabhua.                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr.Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 309 (6) of

                   the BNS and Section 27 of the Arms Act.

                                3. The case of the prosecution is that the petitioner

                   was moving on a Luna motorcycle in the market when three

                   persons on another motorcycle intercepted him, snatched his

                   bag and opened fired. During the course of treatment,

                   informant’s brother, namely, Yudhisthir Seth succumbed to his

                   injuries.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   First Information Report was lodged against unknown

                   miscreants. During the course of investigation, co-accused,

                   namely, Ritik Roushan @ Bobby in his confessional statement
            Patna High Court CR. MISC. No.88684 of 2025(2) dt.06-01-2026
                                                        2/2




                      has stated that he himself fired at the back of Yudhisthir Seth. It

                      is further submitted that nothing has been recovered from his

                      conscious possession. It is also contended that the petitioner is a

                      co-villager of the informant, despite this, the informant did not

                      identify the petitioner. Save and except the confessional

                      statement of the co-accused, there is no material to connect the

                      petitioner with the alleged occurrence. It is further submitted

                      that the petitioner has only one criminal antecedent in which he

                      is already on bail. Moreover, the petitioner is languishing in

                      judicial custody since 07.08.2025.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Sonhan P.S. Case No. 147 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Kaimur at Bhabua.


                                                      (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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