Patna High Court
Rahul Upadhyay @ Rahul Kumar UpadhyayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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