Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court rejected the petitioner's anticipatory bail plea.
Summary
The petitioner, Rupesh Kumar, was named in an FIR for offences under Sections 307, 34, 393 of the IPC and Section 27 of the Arms Act, relating to a robbery during which a firearm injury was caused. He sought anticipatory bail, arguing that his name surfaced only through the confessional statement of a co‑accused, Gautam Kumar, who had already been granted bail. The State opposed the bail, highlighting that proceedings under Section 83 of the Cr.P.C. had already concluded against the petitioner in February 2023 and that he had been absconding for five years and was involved in three similar pending cases. The court noted the petitioner’s criminal antecedents and the prior conclusion of the case under Section 83, and found no sufficient ground to grant bail. Consequently, the anticipatory bail petition was rejected.
Issues considered
- Whether anticipatory bail can be granted to a petitioner with prior criminal antecedents and a concluded proceeding under Section 83 Cr.P.C.
- Whether a confessional statement of a co‑accused alone is sufficient to sustain the charge against the petitioner.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 83
- Indian Penal Code — s. 307, 34, 393
Subjects
- anticipatory bail
- criminal antecedent
- confessional statement
- IPC
- Arms Act
- Section 83 CrPC
- robbery
- dacoity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55291 of 2025
Arising Out of PS. Case No.-295 Year-2021 Thana- KUMAR KHAND District- Madhepura
======================================================
Rupesh Kumar S/o Kameshwar Yadav R/o Village - Rauta, Ward no. 5, P.S -
Kumarkhand, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pooja Prasad
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 12-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Kumarkhand
P.S. Case No. 295 of 2021 registered for the offences
punishable under Sections 307, 34, 393 of IPC and
Section 27 of Arms Act.
3. As per FIR some unknown miscreants
committed robbery and while committing so caused fire
arm injury to the informant.
4. It is submitted by learned counsel appearing
on behalf of the petitioner that the name of petitioner
transpired during investigation on the basis of
Patna High Court CR. MISC. No.55291 of 2025(4) dt.12-02-2026
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confessional statement of co-accused namely, Gautam
Kumar @ Gautam Yadav who has already granted regular
bail by this Court through Cr. Misc. No. 61357 of 2022
dated 20.02.2023. It is submitted that save and except
suspicions arising out of confessional statement nothing
survives against this petitioner. While concluding
arguments, it is submitted that petitioner is found
involved in three more criminal cases of similar in nature
where he is on bail.
5 Learned APP while opposing the prayer of bail
drawn attention of this Court towards para no. 72 of case
diary where it appears that the proceedings under Section
83 of Cr.P.C. concluded against this petitioner on
06.02.2023 itself. It is submitted that the occurrence is
of year 2021 and since last 5 years petitioner is
absconding. It is also pointed out that petitioner found
involved in three more criminal cases of similar nature.
6. Taking contrary of aforesaid submission
learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.55291 of 2025(4) dt.12-02-2026
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petitioner was not on run but conceded fairly that the
present anticipatory bail was preferred in the month of
August, 2025 where no coercive order was granted on
08.08.2025.
7. Let it be so, as the proceeding under Section
83 of Cr.P.C. concluded against petitioner long back i.e.,
on 16.02.2023 and he also appears appears man of
criminal antecedent as he found involved in three more
criminal cases of almost similar in nature, accordingly, the
anticipatory bail prayer of petitioner stands rejected.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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