Patna High Court
Priyank Kumar Upadhyay @ Priyank UpadhyayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted to the petitioners.
Summary
Petitioners Priyank Kumar Upadhyay and Shubham Upadhyay applied for bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The incident involved Kanhaiya Chaubey and others forcibly entering an agricultural field, during which Chaubey fired and killed a person, and the petitioners allegedly assaulted four individuals while being fully armed. The petitioners have been in custody since 8 January 2026. The Court examined the seriousness of the offences, the alleged armed participation, and concluded that bail could not be justified. Consequently, the bail application was dismissed, with the Court noting that its observations are limited to this bail application and do not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioners given their alleged participation in an armed assault and murder under the Bharatiya Nyaya Sanhita and Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 126(2), 191(2), 191(3), 351(2), 352, 50, 61(2)
Subjects
- bail
- criminal procedure
- armed assault
- murder
- high court
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19999 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- SIKRAUL District- Buxar
======================================================
1. Priyank Kumar Upadhyay @ Priyank Upadhyay S/o Vijay Upadhyay R/o
Village - Manoharpur, P.S - Itarhi, District - Buxar
2. Shubham Upadhyay S/o Shashibhushan Upadhyay R/o Village -
Manoharpur, P.S - Itarhi, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Alias Ashok Karn, Advocate
For the State : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Sikraul
P.S. Case No. 06 of 2026 registered for the offence punishable
under Sections 191(2), 191(3), 126(2), 115(2), 109, 50, 61(2),
103(1), 351(2), 352 of the Bharatiya Nyaya Sanhita and Section
27 of the Arms Act.
3. Kanhaiya Chaubey and others had gone to the place
of occurrence for harvesting agricultural field forcibly and in
that process, Kanhaiya Chaubey fired and killed the deceased.
The petitioners and other accused persons are said to have
assaulted the prosecution side causing injuries to four persons.
Patna High Court CR. MISC. No.19999 of 2026(2) dt.01-04-2026
2/2
4. The petitioners are in custody since 08.01.2026.
5. Considering the allegation and the materials on
record, it appears that the petitioners had participated in the
crime after being fully armed.
6. In view of the above, I am not inclined to grant
bail to the petitioners.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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