Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55291 of 2025 Arising Out of PS. Case No.-295 Year-2021 Thana- KUMAR KHAND District- Madhepura ====================================================== Rupesh Kumar S/o Kameshwar Yadav R/o Village - Rauta, Ward no. 5, P.S - Kumarkhand, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pooja Prasad For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Kumarkhand P.S. Case No. 295 of 2021 registered for the offences punishable under Sections 307, 34, 393 of IPC and Section 27 of Arms Act.
3. As per FIR some unknown miscreants committed robbery and while committing so caused fire arm injury to the informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that the name of petitioner transpired during investigation on the basis of
Patna High Court CR. MISC. No.55291 of 2025(4) dt.12-02-2026 2/3 confessional statement of co-accused namely, Gautam Kumar @ Gautam Yadav who has already granted regular bail by this Court through Cr. Misc. No. 61357 of 2022 dated 20.02.2023. It is submitted that save and except suspicions arising out of confessional statement nothing survives against this petitioner. While concluding arguments, it is submitted that petitioner is found involved in three more criminal cases of similar in nature where he is on bail.
5 Learned APP while opposing the prayer of bail drawn attention of this Court towards para no. 72 of case diary where it appears that the proceedings under Section 83 of Cr.P.C. concluded against this petitioner on 06.02.2023 itself. It is submitted that the occurrence is of year 2021 and since last 5 years petitioner is absconding. It is also pointed out that petitioner found involved in three more criminal cases of similar nature.
6. Taking contrary of aforesaid submission learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.55291 of 2025(4) dt.12-02-2026 3/3 petitioner was not on run but conceded fairly that the present anticipatory bail was preferred in the month of August, 2025 where no coercive order was granted on 08.08.2025.
7. Let it be so, as the proceeding under Section 83 of Cr.P.C. concluded against petitioner long back i.e., on 16.02.2023 and he also appears appears man of criminal antecedent as he found involved in three more criminal cases of almost similar in nature, accordingly, the anticipatory bail prayer of petitioner stands rejected. (Chandra Shekhar Jha, J) Sudha/- U T