Patna High Court
Rupesh Kumar Singh @ Rupesh @ Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Rupesh Kumar Singh, applied for anticipatory bail in connection with PS Case No.152 of 2025, which alleges his involvement in assaulting the husband of an informant using the butt of a pistol and a lathi, causing head injury. The informant alleged that the assault was in retaliation for the husband's earlier testimony against the petitioner and co‑accused. The petitioner argued that the assault allegation was vague and that the injuries were minor, while the informant highlighted the specific accusation and the petitioner’s prior criminal record involving six other cases. The court examined the seriousness of the charges under Sections 190, 191(2), 117(2), 303(2), 352 and 109(1) of the Bharatiya Nyaya Sanhita, 2023, and considered the petitioner’s criminal antecedent. Concluding that the nature of the accusation and the petitioner’s history warranted denial of bail, the court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the specific allegations of assault and his criminal antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 117(2), 190, 191(2), 303(2), 352
Subjects
- anticipatory bail
- assault
- criminal antecedent
- Bharatiya Nyaya Sanhita
- high court
- sections 190 191 117 303 352 109
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.959 of 2026
Arising Out of PS. Case No.-152 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Rupesh Kumar Singh @ Rupesh @ Rupesh Kumar S/O Late Raj Kishore
Singh R/O Village - Nowkothi, P.S- Nowkothi, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Murari Narain Chaudhary, Adv.
For the Opposite Party/s : Dr. (Mrs.) Indiwar Kumari, APP
Mr.Shubhesh Pandey, Adv.for Informant
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-02-2026 Heard learned counsel for the petitioner, learned A.P.P
for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in Nawkothi
P.S. Case No. 152 of 2025, registered for the offence punishable
under Sections 190, 191(2), 117(2), 303(2), 352 and 109(1) of
Bharatiya Nyaya Sanhita. 2023.
3. The informant has alleged that on 06.07.2025 at
about 8:30 PM, her husband was returning house and reached
near Middle School, Nawkothi, in the meantime, this petitioner
along with other F.I.R. named co-accused persons assaulted him
with butt of pistol & lathi, as a result of which, he sustained
injury on his head. The informant has further alleged that few
days ago in Nawkothi P.S. Case No. 139 of 2025, her husband
had deposed his evidence against this petitioner and co-accused
Raunak Singh, and due to this reason, all the accused persons
Patna High Court CR. MISC. No.959 of 2026(3) dt.27-02-2026
2/2
committed the alleged offence.
4. Learned counsel for the petitioner submits that
allegation of assault is general and omnibus. Case and counter
case. Injuries, sustained by husband of informant, are simple in
nature.
5. Learned counsel for the informant vehemently
opposes the prayer for anticipatory bail and submits that
petitioner is named in the F.I.R. with specific accusation that he
assaulted husband of informant with butt of pistol. Besides this,
petitioner has got criminal antecedent and he is accused in
altogether six criminal cases.
6. Considering the nature of accusation and criminal
antecedent, the prayer for anticipatory bail of petitioner is
rejected.
(Prabhat Kumar Singh, J)
anay
U T
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