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Patna High Court

Rupesh Kumar @ Rupesh YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

The petitioner, Rupesh Kumar Yadav, was arrested in connection with an FIR alleging indiscriminate firing that caused simple injuries, and was charged under Sections 191(2), 191(3), 190, 111(2), 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He applied for anticipatory bail, claiming innocence and stating that his name appeared only in the confessional statements of co‑accused. The State opposed, asserting his participation in the firing and highlighting four prior criminal convictions. The court examined the nature of the allegations, the seriousness of the offences, and the petitioner’s criminal antecedents. Considering these factors, the court refused the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the allegations of indiscriminate firing and his prior criminal record
  • Whether the presence of the petitioner’s name in co‑accused confessional statements suffices to justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • indiscriminate firing
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88501 of 2025
                         Arising Out of PS. Case No.-278 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
                 Rupesh Kumar @ Rupesh Yadav S/O Panch Lal Yadav @ Panchlal Yadav R/o
                 Village- Maranga P.S- Maranga District-Purnea

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pawan Kumar , Advocate
                 For the Opposite Party/s :        Mr. Umeshanand Pandit , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                        Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in case registered for

                   the offences punishable under Sections 191(2), 191(3), 190,

                   111(2), 109 of the Bharatiya Nyaya Sanhita and Section 27 of

                   the Arms Act.

                                3 . It is alleged that this petitioner, along with other

                   F.I.R. named accused persons, was indulged in indiscriminate

                   firing as a result of which some persons sustained injuries.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence . The name

                   of the petitioner transpired in the confessional statement of other

                   co-accused persons. Injury sustained by the injured is simple in

                   nature . Allegation against petitioner is general and omnibus.
            Patna High Court CR. MISC. No.88501 of 2025(2) dt.10-02-2026
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                                   5 . Learned counsel for the State opposed and

                      submitted that this petitioner along with other accused persons

                      made indiscriminate firing and this petitioner has got 4 criminal

                      antecedents.

                                   6. Considering the nature of accusation and criminal

                      antecedents of this petitioner and other circumstances of case ,

                      prayer for anticipatory bail of the petitioner is refused.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U


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