Rishu Kumar @ Rishu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.873 of 2025 Arising Out of PS. Case No.-12 Year-2024 Thana- BIHTA District- Patna ====================================================== Rishu Kumar @ Rishu Kumar Singh S/O Late Sanjay Kumar Singh R/O Loco Colony, Last Quarter, Behind Durga Mandir, P.S.- Khagaul, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered for the offence punishable under Sections 302, 120B of the Indian Penal Code and sections 27, 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, three miscreants committed murder of mother of the informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the FIR. Petitioner's name has transpired in this case during course of investigation on the basis of confessional statement of co-accused Ashish Kumar @ Anuj Kumar, who has already been granted bail by this Court, vide order dated 29.11.2024 passed in Cr.Misc. No. 53358 of 2024.
Patna High Court CR. MISC. No.873 of 2025(3) dt.25-04-2025 2/2 He further submits that save and except confessional statement, there is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence. Petitioner is in custody since 08.01.2024. Charge sheet has been submitted.
5. Learned counsel for the State opposes the prayer for bail and submits that name of petitioner surfaced during course of investigation and when petitioner was apprehended, one country-made pistol has been recovered from his possession.
6. Considering the aforesaid facts & circumstances of the case as well as period of custody, the prayer for bail of petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-V, Danapur, Patna in connection with Bihta P.S. Case No. 12 of 2024 (S.Tr. No. 537 of 2024).
(Prabhat Kumar Singh, J) anay U T