Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the seriousness of the offences and the evidence on record do not warrant the grant of regular bail.
Summary
Rupesh Kumar was arrested on 9 October 2024 in connection with a loot and murder case registered as Bhawanipur P.S. Case No. 97 of 2024. The FIR originally alleged offences under Sections 279 and 304‑A of the IPC, later amended to include Sections 302, 201, 120‑B, 379 of the IPC and Section 27 of the Arms Act. The petitioner applied for regular bail for the first time, which was rejected on 1 September 2025. He made a second bail application on 19 June 2026, arguing that only one of ten witnesses had been examined. The court, considering the gravity of the charges and the material connecting the petitioner to the crime, declined to revisit its earlier order and dismissed the bail application. Consequently, the petitioner remains in custody.
Issues considered
- Whether regular bail should be granted to the accused in a case involving murder, loot, and possession of arms under the cited provisions of the IPC and Arms Act.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120-B, 201, 279, 302, 304-A, 379
Subjects
- bail
- murder
- loot
- IPC
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30686 of 2026
Arising Out of PS. Case No.-97 Year-2024 Thana- BHAWANIPUR District- Purnia
======================================================
Rupesh Kumar S/o Sukhlal Mahato R/o- Haraili Sonvarsha, Ward No. 1, P.S. -
Uda Kishunganj, Distt. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Saroj Kumar Choudhary
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard the learned Senior Counsel for the petitioner
and the learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Bhawanipur P.S. Case No. 97 of 2024
registered for the offence under Sections 279, 304-A of the IPC
and later on Sections 302, 201, 120-B and 379 of the Indian
Penal Code and Section 27 of the Arms Act was added.
3. Earlier the bail application of the petitioner was
rejected on 01.09.2025 in Cr. Misc. No. 26842 of 2025 which
reads as follows:-
Heard learned counsel for the parties.
2. This application for grant of regular bail
arises out of Bhawanipur P.S. Case No.97 of 2024
registered for the offence punishable under sections 279
and 304-A of the Indian Penal Code but, later on,
sections 302, 201, 120-B and 379 of the Indian Penal
Patna High Court CR. MISC. No.30686 of 2026(2) dt.19-06-2026
2/2
Code and under section 27 of the Arms Act were also
added in the F.I.R.
3. It is alleged that the petitioner has
participated in the loot and murder of the deceased. He
is in custody since 09.10.2024.
4. During the investigation, materials have
come to connect the petitioner with the crime in a
planned manner.
5. Considering the aforesaid facts, I am not
inclined to grant the petitioner privilege of regular bail.
Accordingly, this bail application is rejected.
4. Mr. Agrawal, the learned Senior Counsel for the
petitioner submits that the petitioner is in custody since
09.10.2024 and in the trial out of ten witnesses, only one
witness has been examined; therefore, the petitioner may be
granted bail.
5. Considering the nature of the accusation and the
gravity of the offence, I am not inclined to review my earlier
order. Accordingly, this application for regular bail stands
dismissed.
(Sandeep Kumar, J)
Shishir/-
U T
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