Rishikest Kumar @ Rishikant Kumar @ Rishiket Kumar @ Rishikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18580 of 2026 Arising Out of PS. Case No.-368 Year-2025 Thana- PARSABAZAR District- Patna ====================================================== Rishikest Kumar @ Rishikant Kumar @ Rishiket Kumar @ Rishikesh Kumar Son of Mantu Saw R/o Village - Shivnagar, Punpun(Noormohiuddinpur), P.S. - Parsa Bazar, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Bijpuriya, Advocate For the Opposite Party/s :
Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2026 Heard Mr.Sudhir Kumar Bijpuriya, learned counsel for the petitioner and Mr.Mohammad Sufyan, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 31.08.2025 in connection with Parsa Bazar P.S. Case No. 368 of 2025, F.I.R. dated 30.08.2025 registered for the offence punishable under Sections 25(1-B)(a),26,35 of Arms Act
3. Prosecution story as per the informant Raushan Kumar, who is S.I in Parsa Bazar P.S got an information that on 30.08.2025 a child is shot in Shivnagar. Then informant with other police personnel went at the place of occurrence. Then it came to their knowledge that Dharmendra's son is getting firearm injury. Family members took the child to the hospital for his
2/4 treatment. On secret information the informant and other police personnel reached near Chhut band then they saw that two boys, who started to flee away. Police caught them. Then said two boys disclosed their name as Chhotey Kumar @ Nitish and Rishiket Kumar(petitioner). At the instance of both the persons the pistol was recovered by police. Police has also arrested coaccused person namely Piyush Raj.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. From a bare perusal of the FIR as well as the seizure list it appears that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made near the Bush and similarly situated co-accused person, namely, Chhote Kumar @ Nitish Kumar, against whom the similar allegation, has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 20.02.2026 passed in Cr. Misc. No.87620 of 2025, and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 31.08.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.
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6. Considering the aforesaid facts, petitioner has clean antecedent, nothing has been recovered from conscious possession of the petitioner and similarly situated co-accused person has been granted bail by a Coordinate Bench of this Hon'ble Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Patna in connection with Parsa Bazar P.S. Case No. 368 of 2025, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T