Patna High Court
Golu @ Golu Upadhayay @ Dev Prakash @ Dev Prakash UpadhayaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner is entitled to regular bail as no direct charge is made against him and he has been in custody for an extended period.
Summary
The petitioner, Golu Upadhyay, applied for regular bail in a case registered under sections of the Bhartiya Nyay Sanhita, 2023 and the Arms Act, alleging that he was not named in the FIR and was only implicated through alleged conspiracy. The prosecution alleged that three persons fired indiscriminately, causing the death of an informant's brother, and that eight accused were involved, but the petitioner’s name does not appear in the FIR. Counsel argued that no overt act was attributed to the petitioner and that he had been in custody for seven months after the chargesheet was filed. The court considered the lack of direct accusation, the duration of pre‑trial detention, and the material gathered during investigation. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Buxar.
Issues considered
- Whether the petitioner, who is not named in the FIR and is alleged only to have conspired, is entitled to regular bail under the Bhartiya Nyay Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bhartiya Nyay Sanhita, 2023 — s. 103, 3(5), 61(2)
Subjects
- regular bail
- pre‑trial detention
- conspiracy
- arms act
- Bhartiya Nyay Sanhita
- chargesheet
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76419 of 2025
Arising Out of PS. Case No.-232 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Golu @ Golu Upadhayay @ Dev Prakash @ Dev Prakash Upadhaya S/o
Rambola Upadhyay @ Yogeshwar Upadyay R/o Village - Shukarwaliya, P.S -
Itarhi, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Digvijay Kumar Ojha, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Buxar (M) P.S. Case no.
232 of 2025 registered under sections 103, 61(2) and 3(5) of the
Bhartiya Nyay Sanhita, 2023 and sections 25(1-B)(a), 26, 27
and 35 of the Arms Act.
3. As per the prosecution case, three persons are said
to have resorted to indiscriminate firing upon the brother of the
informant leading to serious injuries as a result of which he died
on way to the hospital. The informant states that eight named
accused persons in the FIR who are on inimical terms with his
brother, have a hand in the occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. He has been falsely
Patna High Court CR. MISC. No.76419 of 2025(3) dt.11-02-2026
2/2
implicated in the case in course of investigation. From the
material that has transpired in course of investigation, it would
transpire that the main allegation of having resorted to firing is
on three other accused namely Abhishek Kumar Rai, Dinesh and
Nikhil. No overt act has been alleged against the petitioner and
at best the allegations is one of conspiracy only on the basis that
the petitioner had talked to some of the accused. The petitioner
is in custody since 20.6.2025 and chargesheet has been
submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard on the learned counsel for the parties and
taking into consideration the allegation in the FIR, the material that
has transpired in course of investigation, the petitioner having
remained in custody for 7 months since 20.6.2025 and chargesheet
having been submitted in the case, the Court directs the petitioner to
be enlarged on bail in connection with Buxar (M) P.S. Case no. 232
of 2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Buxar.
Bibhash (Partha Sarthy, J)
U T
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