Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41072 of 2025 Arising Out of PS. Case No.-362 Year-2025 Thana- MAHUA District- Vaishali ====================================================== Rupesh Kumar S/o Prabhu Rai R/o village -Noormohammad Chowk @ Noormohammad Chowk @ Fakarena, P.S - Mahua, District-Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Pandey, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Mahua P.S. Case no. 362 of 2025 registered under sections 126(2), 329(3), 115(2), 324(4), 351, 352, 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, section 33 of the Indian Forest Act, 1927 and sections 25(1-B)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, the informant states that his father had sold a piece of land to the accused persons including the petitioner herein. It is stated that the ownership of a small piece of land remained with the informant, the said land
Patna High Court CR. MISC. No.41072 of 2025(3) dt.08-10-2025 2/3 being between the land sold to the accused and the main road. The accused started to pressurize the informant to sell that piece of land also and on the informant not agreeing for the same, it is stated that the petitioner armed with pistol threatened, abused and assaulted the informant and others.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations levelled in the FIR are all false and concocted. The allegations besides being general and omnibus in nature, relate to land dispute. Neither there is any allegation of firing on the petitioner nor any person was injured in the entire occurrence. The petitioner has no criminal antecedent.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., no person having been injured in the entire occurrence and the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Mahua P.S. Case no. 362 of 2025 on furnishing
Patna High Court CR. MISC. No.41072 of 2025(3) dt.08-10-2025 3/3 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, Vaishali at Hajipur. (Partha Sarthy, J) sauravkrsinha/- U T