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Patna High Court

Priyank Kumar Upadhyay @ Priyank UpadhyayversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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