Patna High Court
Tapesh Kumar @ Tapesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to bail and ordered his release on condition of a bail bond and sureties.
Summary
The petitioner, Tapesh Kumar, was arrested in connection with a case registered under Sections 109, 3(5) of the BNS and Section 27 of the Arms Act for allegedly assaulting and firing upon a victim. He had been in custody since 11 March 2026. The petitioner’s counsel argued that he was falsely implicated and that the victim’s injuries were caused by a hard, blunt object, not a firearm. The court examined the allegations and the petitioner's claim of innocence. Finding no compelling reason to deny bail, the court allowed the application and ordered his release on a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 109, 3(5) of the BNS and Section 27 of the Arms Act
- Whether the alleged firearm injury substantiates the charge under the Arms Act
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- false implication
- assault
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43856 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- Bhawanipur District- Bhagalpur
======================================================
Tapesh Kumar @ Tapesh Yadav S/O Bato Yadav R/O Village- Narayanpur,
District- Bhawanipur, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivekanand Singh
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhawanipur P.S. Case No. 52 of 2026 registered for the offence
under Sections 109, 3(5) of the BNS and under Section 27 of the
Arms Act.
3. As per the prosecution case, the petitioner and
others are accused of assaulting the victim and have also fired
upon the victim.
4. The petitioner is in custody since 11.03.2026.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that the injury sustained by the victim
is caused by hard and blunt substance and not a fire arm injury.
Patna High Court CR. MISC. No.43856 of 2026(2) dt.07-07-2026
2/2
6. Considering the aforesaid facts, this application
is allowed.
7. 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 concerned Court below in connection with
Bhawanipur P.S. Case No. 52 of 2026.
(Sandeep Kumar, J)
Vikas/-
U
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