Patna High Court
Veeru @ Ajay Kumar UpadhyayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to regular bail and the court ordered his release on bail.
Summary
The petitioner, Veeru @ Ajay Kumar Upadhyay, was arrested in connection with a case (Buxar PS Case No.232 of 2025) involving alleged indiscriminate firing that resulted in a death. He contended that he was not named in the FIR and was falsely implicated, his name appearing only in a co‑accused’s confessional statement. The charges were under sections 103, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act. The trial court had already granted bail to another co‑accused, and the petitioner had been in custody for eight months. After hearing both sides, the High Court held that the petitioner’s continued detention was unwarranted and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, who is not named in the FIR but is implicated through a co‑accused’s statement, is entitled to regular bail under the Bhartiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 3(5), 61(2)
Subjects
- regular bail
- false implication
- criminal procedure
- arms act
- Bhartiya Nyaya Sanhita
- co‑accused statement
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11592 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Veeru @ Ajay Kumar Upadhyay S/o- Manoj Upadhaya Resident of village-
Sukarwaliya PS -Itarhi District-Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Rakesh Bihari Singh, Advocate
Mr. Bhavesh Kumar Sah, Advocate
Mr. Archna Anand, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 26-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Buxar (Mufassil) P.S.
Case no.232 of 2025 registered under sections 103, 61(2) and
3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the
Arms Act.
3. As per the prosecution case, three accused persons
on a motorcycle are said to have resorted to indiscriminate firing
upon the brother of the informant leading to serious injuries as a
result of which he died on way to the hospital. It is further stated
that the eight other named accused persons have a hand in the
occurrence.
Patna High Court CR. MISC. No.11592 of 2026(2) dt.26-02-2026
2/3
4. Learned Senior counsel appearing for the petitioner
submits that the petitioner is not named in the FIR. He has been
falsely implicated in the case in course of investigation.
Referring to the order of the learned trial Court wherein the
material that has transpired in course of investigation has been
dealt with in detail, it is submitted that the name of the
petitioner transpired in the confessional statement of co-accused
Abhishek Kumar Rai @ Malu. Further referring to the order of
grant of bail to co-accused Tufani Kumar @ Tufani Gupta vide
order dated 20.2.2026 passed in Cr. Misc. no.87825 of 2025, it
is submitted that the three persons who resorted to firing are
Abhishek Kumar Rai, Dinesh and Nikhil. The petitioner is in
custody since 20.6.2025 and charge-sheet has been submitted in
the case.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation as evident from the
order of the learned trial Court, the accused who resorted to
firing being Abhishek Kumar Rai, Dinesh and Nikhil, grant of
bail to the above named co-accused Tufani Kumar @ Tufani
Patna High Court CR. MISC. No.11592 of 2026(2) dt.26-02-2026
3/3
Gupta vide order dated 20.2.2026 and the petitioner having
remained in custody for 8 months since 20.6.2025, the petitioner
is directed to be enlarged on bail in connection with Buxar
(Mufassil) P.S. Case no.232 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Buxar.
(Partha Sarthy, J)
Shiv/-
U T
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