Created by Fuzzy Cloud

Patna High Court

Veeru @ Ajay Kumar UpadhyayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.