Veeru @ Ajay Kumar Upadhyay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11592 of 2026 Arising Out of PS. Case No.-232 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Veeru @ Ajay Kumar Upadhyay S/o- Manoj Upadhaya Resident of villageSukarwaliya PS -Itarhi District-Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Rakesh Bihari Singh, Advocate Mr. Bhavesh Kumar Sah, Advocate Mr. Archna Anand, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-02-2026
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Buxar (Mufassil) P.S. Case no.232 of 2025 registered under sections 103, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.
3. As per the prosecution case, three accused persons on a motorcycle 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. It is further stated that the eight other named accused persons have a hand in the occurrence.
Patna High Court CR. MISC. No.11592 of 2026(2) dt.26-02-2026 2/3
4. Learned Senior counsel appearing for the petitioner submits that the petitioner is not named in the FIR. He has been falsely implicated in the case in course of investigation. Referring to the order of the learned trial Court wherein the material that has transpired in course of investigation has been dealt with in detail, it is submitted that the name of the petitioner transpired in the confessional statement of co-accused Abhishek Kumar Rai @ Malu. Further referring to the order of grant of bail to co-accused Tufani Kumar @ Tufani Gupta vide order dated 20.2.2026 passed in Cr. Misc. no.87825 of 2025, it is submitted that the three persons who resorted to firing are Abhishek Kumar Rai, Dinesh and Nikhil. The petitioner is in custody since 20.6.2025 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation as evident from the order of the learned trial Court, the accused who resorted to firing being Abhishek Kumar Rai, Dinesh and Nikhil, grant of bail to the above named co-accused Tufani Kumar @ Tufani
Patna High Court CR. MISC. No.11592 of 2026(2) dt.26-02-2026 3/3 Gupta vide order dated 20.2.2026 and the petitioner having remained in custody for 8 months since 20.6.2025, the petitioner is directed to be enlarged on bail in connection with Buxar (Mufassil) 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.
(Partha Sarthy, J) Shiv/- U T