Rupesh Yadav @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52124 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- KURSAILA District- Katihar ====================================================== 1.

Rupesh Yadav @ Rupesh Kumar S/O Pitamber Yadav @ Fatto Yadav Resident of Mohalla- Sistola Gurmela, P.S.- Barari, Dist.- Katihar. 2.

Chhotu Yadav @ Amerendra Yadav @ Amresh Yadav S/O Pitamber Yadav @ Fatto Yadav Resident of Mohalla- Sistola Gurmela, P.S.- Barari, Dist.- Katihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghvendra Kumar Singh For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Kursela P.S. Case No. 19 of 2025 dated 19.01.2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 109, 352 and 351(2) of the B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, the informant alleged that two gangs are firing upon each other for dominance and to grab the land of Diyara. On information, police reached at the place of occurrence, on seeing police, the accused persons of both gang started fleeing away. Thereafter, the villagers told that

Patna High Court CR. MISC. No.52124 of 2025(2) dt.19-08-2025 2/3 the gangs of Vipin Yadav and the gangs of Rupesh Yadav (petitioner no.1) were often firing on each other to grab and plough the land of Diyara.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. There is no specific allegation of firing against the petitioners rather the allegation against the petitioners are general and omnibus in nature. It is further submitted that in the alleged firing, committed by both the sides, no one sustained any injury. The petitioners have no concern with the alleged occurrence. The petitioners have five criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 28.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Kursela

Patna High Court CR. MISC. No.52124 of 2025(2) dt.19-08-2025 3/3 P.S. Case No. 19 of 2025, with a condition:- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T