Patna High Court
Rupesh Kumar @ Rupesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 111(2), 190, 191(2), 191(3)
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
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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
2/2
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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