Rishi Kumar @ Rishikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77048 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- KHUTAUNA District- Madhubani ====================================================== Rishi Kumar @ Rishikesh Kumar Son of Ram Pravesh Yadav @ Rampravesh Yadav, Resident of Village- Kusmar, P.S.- Khutauna, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Khutauna P.S. Case No. 48 of 2025, dated 17.04.2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 352, 351(2), 324(4) and 109(1) read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per allegation in the FIR, 8 accused persons including the petitioner along with 10 unknown persons indulged in assaulting one Boby Kumar and when the informant intervened, he was also assaulted.
4. Learned counsel for the petitioner submits that it would be apparent form the FIR itself that the allegation upon
Patna High Court CR. MISC. No.77048 of 2025(2) dt.27-11-2025 2/3 the petitioner is general and omnibus in nature and the second part of the FIR would disclose that specific allegations of firing is on Pramod Yadav and Ajit Yadav, which hit the informant's son's right hand and stomach rendering him unconscious. It is further submitted that as per injury report (Anenxure-2), the injury suffered in the abdomen is simple in nature caused by hard and blunt object, whereas the grievous injury is on the right wrist, which is a non-vital part of the body, however, the same is not attributable to this petitioner.
5. Learned Additional Public Prosecutor for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail to the petitioner.
6. Taking into consideration the facts and circumstances of the case and further considering the fact that there are general and omnibus allegation against the petitioner and specific allegation being on other accused persons, let the petitioner, above-named, in the event of his arrest or surrender before the Court concerned within a period of four weeks, be released on anticipatory bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani, in connection
Patna High Court CR. MISC. No.77048 of 2025(2) dt.27-11-2025 3/3 with Khutauna P.S. Case No. 48 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS.
(Soni Shrivastava, J) Shahnawaz/- U T