Rishi Kumar @ Rishikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42102 of 2026 Arising Out of PS. Case No.-165 Year-2026 Thana- ARA NAGAR District- Bhojpur ====================================================== Rishi Kumar @ Rishikesh Kumar, S/O Raj Kumar @ Raj Kumar Gupta Resident of Muhala- Tari( Ara Town), Ward No. 8, P.S.- Ara Nagar, DistrictBhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Ara Nagar P.S. Case No. 165 of 2026 registered for the offences under Sections 126(2), 115(2), 125, 118(2), 109(1), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he had pelted stones upon the informant and others and had directed the lady members of the house to bring the acid, which was kept in the room, which was ultimately thrown on the face of one Vidya
2/4 Devi, who happens to be the sister-in-law of the informant.
4. Learned counsel for the petitioner submits that from perusal of the FIR, the allegations against the petitioner are general and omnibus in nature and no specific overt act has been levelled against the petitioner. It has further been submitted that the allegation of throwing acid on the face of the sister-in-law of the informant is upon two other co-accused persons, namely, Soni Devi and Puja Kumari and not on the petitioner, however, there is an allegation that it was the petitioner who directed them to bring acid. He further refers to Annexure-P/2, wherein the injury report of Vidya Devi states the injury to be simple in nature. It has lastly been submitted that it is on account of personal dispute that the petitioner has falsely been implicated in this case. It has also been disclosed that the petitioner has one criminal antecedent.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail
3/4 bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Ara Nagar P.S. Case No. 165 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned 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 acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is allowed.
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8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T