Rahul UpadhyayversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40821 of 2026
                     Arising Out of PS. Case No.-326 Year-2025 Thana- SANGRAMPUR District- East
                                                       Champaran
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                 Rahul Upadhyay Son of 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
                 For the Opposite Party/s :      Dr. Ajeet Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   14.10.2025 in connection with Sangrampur P.S. Case No. 326

                   of 2025 for the offences punishable under Sections 103(1),

                   61(2), 111 and 3(5) of the B.N.S., 2023 and Section 27 of the

                   Arms Act.

                               3. According to prosecution case, the fardbeyan of the

                   informant namely Puja Devi alleging therein that on 21.08.2025

                   at about 09:00 A.M., the husband of the informant namely

                   Dhananjay Giri went for Civil Court, Motihari in a case of

                   Shamim @ Motka. The husband of the informant talked with

                   the informant at about 03.30 P.M. and told that he was coming
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          home and at about 05.00 P.M. he came to Bada Bazar where co-

          accused Shamim @ Motka said to the husband of the informant

          to drop him in his home. Thereafter, husband of the informant

          along with his friend namely Guddu Yadav were going to drop

          co accused Shamion Motka on Pulsar Motorcycle beating

          Registration No. BR-05BB-5921 meanwhile, under well-

          planned conspiracy co-accused Shamim @ Motka along with 11

          persons stopped the motorcycle of the informant's and co-

          accused Sarobar Khan along with his associates fired upon the

          husband of the informant and his friend namely Guddu Yadav.

          Further it is alleged that the husband of the informant called the

          informant on his mobile and said that co-accused Sarobar Khan

          had fired upon him and his friend Guddu Yadav. When the

          informant reached at the place of occurrence she saw that her

          husband was lying injured near his motorcycle and at some

          distance Guddu Yadav was also lying dead. Further it has been

          alleged that co-accused Nazim Khan, Sawa Karim and Rahul

          Upadhaya (Petitioner) are also involved in the said crime.

          Accordingly an F.I.R. has been instituted against 14 named

          persons including the Petitioner in the concerned police station.

                      4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case. It is
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          next submitted that from bare perusal of the FIR it appears that

          the informant is not an eye-witness to the alleged occurrence. It

          is next submitted that as per the allegation as alleged in the FIR,

          all FIR named accused persons are alleged to have made

          indiscriminate firing upon the husband of the informant, namely,

          Dhananjay Giri and he has received two fire arm injuries

          whereas Guddu Yadav sustained one fire arm injury. Learned

          counsel for the petitioner next submits that from perusal of the

          FIR it appears that there is no specific allegation that whose fire

          hit the deceased person and co-accused persons, namely, Sachin

          Upadhyay, Anawar Khan and Sagar Khan have been granted

          bail by Coordinate Benches of this Court vide orders dated

          12.02.2026, 25.03.2026 and 14.05.2026, passed in Cr. Misc.

          Nos. 83173 of 2025, 13228 of 2026 and 31079 of 2026

          respectively. Learned counsel for the petitioner next submits that

          police after investigation has submitted charge-sheet and

          petitioner is in custody since 14.10.2025

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has participated in the present crime in

          question. Apart from that petitioner has antecedent of two cases

          other than the present case but fairly submits that the petitioner
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          is on bail in one case and one case is pending for consideration

          before the court of competent law.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned C.J.M,

          East Champaran in connection with Sangrampur P.S. Case No.

          326 of 2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the

          acceptance of bail bonds in terms of the above-mentioned order
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                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T