Patna High Court
Rishu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Rishu Kumar was arrested in connection with an alleged extortion case under Section 140(2) of the Bihar Negotiable Instruments Act, where a demand of Rs. 5 lakh was made through phone calls involving the informant and his son. The prosecution’s case relied mainly on a confessional statement of co‑accused Abhinav Kumar, which alleged that the petitioner had provided shelter to the accused, and no other substantive evidence was presented. The petitioner contended that he was falsely implicated, that the FIR was lodged against unknown persons, and highlighted that co‑accused had already been granted bail in related matters. He had been in judicial custody since 23 August 2025 and sought regular bail, while the State opposed the relief. The Court, after considering the lack of material evidence beyond the confessional statement and the precedent of bail to co‑accused, decided to grant regular bail to the petitioner. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 140(2) of the Bihar Negotiable Instruments Act given the evidentiary material presented.
Legislation cited
- Bihar Negotiable Instruments Act — s. 140(2)
Subjects
- bail
- regular bail
- section 140
- confessional statement
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89060 of 2025
Arising Out of PS. Case No.-93 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
Rishu Kumar Son of Late Krishna Murari Singh Resident of Village -
Maharathpur, Ward No. - 06, P.S. - Singhaul, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner, informant
and learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 140 (2) of
the BNS
3. The case of the prosecution, in short, is that the
son of the informant had gone to fetch vegetables with one
Guddu Paswan. When he did not return for a considerable
period, a call was received on the mobile phone of Guddu
Paswan with a request to connect him with the informant. When
the informant talked to his son, he disclosed that Rs. 5 lakh
should be sent. Thereafter, the phone was disconnected. The
informant then asked Guddu Paswan, who disclosed that Bhola
Mahto, the son of the informant (since deceased) had boarded a
Patna High Court CR. MISC. No.89060 of 2025(3) dt.18-02-2026
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vehicle at smart point and had gone somewhere. Thereafter, the
informant again called his son and the deceased stated that the
informant should come with Rs. 5 lakh as he was being
assaulted.
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
FIR was lodged against unknown persons. During the course of
investigation in paragraph-91 of the case diary, it has come to
light that one Abhinav Kumar gave a confessional statement
wherein he stated that after the commission of the occurrence,
petitioner had given shelter to the accused persons. It is further
submitted that save and except the confessional statement of
Abhinav Kumar, there is nothing against him and even from the
confessional statement of co-accused Abhinav Kumar, the only
role attributed to the petitioner is that he had provided shelter to
him. It is further submitted that similarly situated co-accused
persons, namely, Abhinav Kumar @ Kamlesh and Binit Kumar
have been extended the privilege of bail vide orders dated
21.01.2026 and 06.02.2026 passed in Cr. Misc. Nos. 80814 of
2025 and 7748 of 2026 respectively. Moreover, the petitioner is
languishing in judicial custody since 23.08.2025.
Patna High Court CR. MISC. No.89060 of 2025(3) dt.18-02-2026
3/3
5. Learned APP appearing for the state has 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 Lohiyanagar P.S. Case No. 93 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, Begusarai.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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