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Patna High Court

Rahul Upadhyay @ Rahul Kumar UpadhyayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail is allowed.

Summary

The petitioner, Rahul Upadhyay, was arrested in connection with offences under Sections 126(2), 115(2), 74, 303(2), 352/3(5) of the B.N.S. and Sections 25(1‑B) and 26 of the Arms Act, alleged to have assaulted a victim. He had been in custody since 24‑11‑2025 and claimed he was falsely implicated, asserting his innocence and willingness to cooperate with the trial. The petitioner’s counsel, Mr. Sanjay Kumar Tiwari, applied for regular bail, while the Additional Public Prosecutor opposed the relief. The Court examined the facts, the nature of the offences and the petitioner’s antecedents, and concluded that bail could be granted. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the seriousness of the offences under the B.N.S. and the Arms Act.

Legislation cited

  • Arms Act — s. 25(1-B), 26
  • B.N.S. — s. 115(2), 126(2), 303(2), 352/3(5), 74

Subjects

  • regular bail
  • bail
  • criminal procedure
  • assault
  • arms act
  • multiple offences
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39773 of 2026
                     Arising Out of PS. Case No.-340 Year-2024 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Rahul Upadhyay @ Rahul Kumar Upadhyay S/o Upendra Upadhyay Resident
                 of Village- Dariyapur Tiwari Tola, Ps- Sangrampur, District- East Champaran
                 Bihar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar Tiwari, Advocate
                 For the Opposite Party/s :      Mr.Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks regular bail in the present case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 74, 303(2), 352/3(5) of the B.N.S. read with Section

                   25(1-B) a/26 of Arms Act.

                                3. As per the prosecution case, petitioner is accused of

                   assaulting the victim, causing injuries.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that petitioner has

                   two criminal antecedents and he is in custody since 24.11.2025.

                   The petitioner undertakes to co-operate in the case/ trial.
              Patna High Court CR. MISC. No.39773 of 2026(2) dt.22-06-2026
                                                          2/2




                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Judicial Magistrate 1st Class, East

                        Champaran, Motihari /concerned Court below in connection

                        with Sangrampur P.S. Case No. 340 of 2024.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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