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Patna High Court

Rupesh YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied pre‑arrest bail to the petitioner.

Summary

Rupesh Yadav filed a petition seeking pre‑arrest bail after the police registered a case against him under sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. The prosecution alleged that Yadav, together with co‑accused, demanded a cigarette from an informant, assaulted him with a brick, fists and kicks, and snatched Rs. 15,000. The petitioner argued that he feared arrest and sought bail. The court examined the seriousness of the offences, which include assault, robbery and criminal intimidation, and considered the risk of tampering with evidence and the likelihood of the petitioner fleeing. Given the gravity of the charges and the nature of the alleged acts, the court rejected the prayer for pre‑arrest bail. The petition was consequently dismissed.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in a case involving offences under sections 341, 323, 307, 379, 504, 506 and 34 IPC.

Legislation cited

Subjects

  • pre‑arrest bail
  • Indian Penal Code
  • assault
  • robbery
  • criminal intimidation
  • bail jurisprudence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.91787 of 2025
                    Arising Out of PS. Case No.-445 Year-2023 Thana- NATHNAGAR District- Bhagalpur
                  ======================================================
                  Rupesh Yadav S/o Bijo Yadav R/o Village - Gosaidaspur, P.S - Nathnagar,
                  District - Bhagalpur

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Ravi Prakash Dwivedi , Advocate
                  For the Opposite Party/s :      Mr. Binod Kumar , APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    20-01-2026                      Heard learned counsel for the petitioner and the
                    State .
                                 2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under section 341 , 323 , 307, 379, 504,
                    506 and 34 of IPC .
                                 3 . As per the prosecution case , this petitioner along
                    with other co-accused persons demanded cigarette from
                    informant and upon refusal, they assaulted on the head of
                    informant by means of brick and also assaulted him with fists
                    and kicks. It is further alleged that this petitioner also snatched
                    Rs. 15,000/- from informant.
                                 4.. Considering the nature of accusation and gravity of
                    offence , prayer for pre-arrest bail of the petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T


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