Rishi Sharma @ Rishi Raj @ Rishiraj Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12294 of 2026 Arising Out of PS. Case No.-189 Year-2022 Thana- SHAHKUND District- Bhagalpur ====================================================== Rishi Sharma @ Rishi Raj @ Rishiraj Sharma S/o Manoj Sharma @ Manoj Kumar Sharma R/o Village - Mahouta, P.S - Amarpur, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash Dwivedi, Advocate For the Opposite Party/s :
Mr.Bishweshwar Ram, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Shahkund P.S. Case No. 189 of 2022, instituted for the offences under Sections 392 of the Indian Penal Code.
3. Prosecution case, in short, is that three unknown miscreants came to the informant and assaulted him as well as committed robbery by snatching mobile phone, Aadhar Car, Pan Card and Driving License and voter I.D Card of the informant.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. In course of investigation, petitioner has confessed his guilt before the Police, which has no evidentiary value in the eye of law. Learned counsel for the
Patna High Court CR. MISC. No.12294 of 2026(2) dt.12-03-2026 2/3 petitioner further submits that other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 18.05.2023 passed in Cr. Misc. No. 23298 of 2023. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen articles. Learned counsel further submitted that T.I.P. has not been conducted till date to ascertain the involvement of the petitioner in the alleged offence. He further submitted that only one witnesses has been examined in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.10.2024 and has nine criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.12294 of 2026(2) dt.12-03-2026 3/3 below/concerned Court in connection with Shahkund P.S. Case No. 189 of 2022, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or close member.
(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.
(IV) The Petitioner shall not commit offence of a similar nature in future.
In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) manish/- U T