Patna High Court
Rupesh Kumar @ NepaliversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted to the petitioner.
Summary
The petitioner, Rupesh Kumar, applied for regular bail in a case registered under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, relating to an armed robbery in which Rs. 15,60,540 was looted at gunpoint. The prosecution alleged that the petitioner was one of the perpetrators and was driving the motorcycle used in the crime. A co‑accused’s self‑inculpatory statement identified the petitioner, although the looted money and a mobile phone were later recovered at the petitioner’s instance. The petitioner has been in custody since 6 December 2025 and possesses a prior criminal antecedent. Considering the seriousness of the offence, the involvement of the petitioner, and his antecedent, the court declined to grant regular bail.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the offence and his criminal antecedent
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- regular bail
- Section 309(4)
- Bharatiya Nyaya Sanhita
- armed robbery
- criminal antecedent
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27623 of 2026
Arising Out of PS. Case No.-899 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Rupesh Kumar @ Nepali S/o- Guddu Kumar Ray @ Bidhan Choudra Village-
Krishnapuri PS-Town Hajipur, Distt- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Hajipur Sadar P.S. Case No. 899 of 2025 registered for the
offence under Sections 309(4) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, three unknown persons
looted Rs. 15,60,540/- from the informant at gunpoint.
4. In the self-inculpatory statement, the co-accused
stated that the petitioner was one of the persons involved in the
commission of the crime and he was driving the motorcycle.
The looted amount and the mobile phone were subsequently
recovered at the instance of the petitioner. The petitioner is in
custody since 06.12.2025 and has one criminal antecedent.
Patna High Court CR. MISC. No.27623 of 2026(2) dt.28-04-2026
2/2
5. Considering the aforesaid facts and circumstances
of the case and the materials available on record, this Court is
not inclined to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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