Rishabh Kumar @ Bhola Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14161 of 2026 Arising Out of PS. Case No.-136 Year-2025 Thana- KHAGARIA District- Khagaria ====================================================== Rishabh Kumar @ Bhola Kumar S/O Vijay Chaurasiya Resident of Village - Shobhani Jahangira, P.S- Khagaria (Gangour), Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-04-2026 Heard Mr.Dilip Kumar, learned counsel for the petitioner and Mr.Narendra Kumar Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 18.07.2025 in connection with Khagaria (Gangaur) P.S. Case No. 136 of 2025, F.I.R. dated 28.04.2025 registered for the offence punishable under Sections 103(1),3(5) of BNS, 2023.
3. The FIR of the occurrence of murder is against unknown.
4. Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person, namely, Chunchun Kumar and except the confessional statement
Patna High Court CR. MISC. No.14161 of 2026(4) dt.22-04-2026 2/3 of the co-accused person, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and as per confessional statement of the co-accused person, namely, Chunchun Kumar, the petitioner and other co-accused person, namely, Vikash Kumar have fired upon the victim and he he died. Leanred counsel for the petitioner submits that no one has seen the occurrence and on one is the eye witness of the alleged occurrence.
5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the confessional statement of the co-accused person, namely, Chunchun Kumar, was recorded at page-38 of the case diary in which he has categorically stated that the petitioner and other co-accused person, namely, Vikash Kumar have fired upon the victim and the postmortem report of the victim/deceased has supported the same on the person of the deceased i.e. "Eyes-closed and congested, Mouth-closed & bleeding from mouth. 1. L. W. at forehead (Rt. Side) about 1"x1" deep to cranial cavity. Wound-oval with irregular and inverted margin, blackening present around the wound. 2. L. W. at mandible left side about 2"x1" deep to bone, wound-rectangular
Patna High Court CR. MISC. No.14161 of 2026(4) dt.22-04-2026 3/3 with irregular and everted margin, wound no. 1 in in continuation to wound no. 2. 3. L. W. on chest at clavicle 1/3rd lateral from sternum of about 1.5"x1" deep to clavicle, woundoval in shape with irregular & inverted margin, blackening present around the wound, and tattooing present at chest wall".
6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Khagaria (Gangaur) P.S. Case No. 136 of 2025 pending in the court of learned Chief Judicial Magistrate, Khagaria.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Nitesh/- U T