Rishikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57815 of 2025 Arising Out of PS. Case No.-268 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== Rishikesh Kumar Son of Srichandra Prasad Chaurasiya R/O Vill- Gauchhari, P.S.- Maheshkhunt, Distt.- Khagaria ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahesh Khunt P.S. Case No. 268 of 2022 dated 14.11.2022 registered for the offences punishable u/ss 448, 341, 324, 307 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused person, Rishikesh Kumar who are the full brothers attacked the informant with sharp edged weapon causing injuries to him. They also fired while leaving the place.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.57815 of 2025(2) dt.14-11-2025 2/3 this case. There is a delay of 25 days in lodging the F.I.R. The petitioner and the co-accused, Rishikant Kumar are full brothers and they have no concern with the alleged offence. As per the injury report of the injured Ashish Kumar, he sustained fracture injuries i.e. (i) Fracture of 3rd, 4th & 5th metacarpal bone left (ii) Fracture of right parieto occipital bone. Learned counsel has further submitted that the informant has not sustained any sharp cut injury and the said injuries of the informant does not support the prosecution allegation of the informant as alleged in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 18.06.2025 passed in Cr. Misc. No. 35839/2025. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 17.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.57815 of 2025(2) dt.14-11-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Mahesh Khunt P.S. Case No. 268 of 2022 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T