Rupesh Kumar @ Rupesh Singh Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Rupesh Kumar @ Rupesh Singh Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Motihari, East Champaran, Bihar in connection with Chakia P.S. Case No. 301 of 2023, subject to appearance before the Trial Court on each and every date fixed.

Issue for consideration

Whether the petitioner, in custody since 23.08.2023 in Sessions Trial No. 230 of 2024 arising out of Chakia P.S Case No. 301 of 2023, should be released on regular bail.

Court's answer

Regular bail granted having regard to the petitioner's prolonged custody of approximately two and a half years (since 23.08.2023) and the fact that the trial has not been completed.

Ratio / Principle

Parity with co-accused persons already granted bail by the co-ordinate Bench of this Court (Cr. Misc. Nos. 82378 of 2023, 14943 of 2024 and 59796 of 2024) weighed in favour of release.

Key takeaways

Bail is conditional on the petitioner appearing before the Trial Court on each and every date fixed; non-appearance on two consecutive dates without plausible reason entitles the Trial Court to cancel the bail bonds.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.) allowed the second bail application of Rupesh Kumar @ Rupesh Singh, in custody since 23.08.2023 (approximately two and a half years) in Sessions Trial No. 230 of 2024 arising out of Chakia P.S Case No. 301 of 2023, registered under Sections 302/120B IPC and Section 27 of the Arms Act for alleged firing on the informant's son from an Apache motorcycle. Considering that only two of 19 chargesheeted witnesses had been examined, that the trial remained incomplete, and that co-accused had already been granted bail by co-ordinate Benches (Cr. Misc. Nos. 82378 of 2023, 14943 of 2024 and 59796 of 2024), the Court directed release on bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Motihari, East Champaran, subject to appearance on every date fixed; absence on two consecutive dates without plausible reason permits cancellation of the bail bonds. The earlier bail application had been rejected on 15.07.2024 in Cr. Misc. No. 5671 of 2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58608 of 2025

Arising Out of PS. Case No.-301 Year-2023 Thana- CHAKIA District- East Champaran

======================================================

Rupesh Kumar @ Rupesh Singh S/o Anirudh Singh Resident of VillageSagar Churaman, P.S- Keshariya, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms. Shruti Singh, Adv For the Opposite Party/s : Mr. Ram Naresh Ray, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

7 19-12-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in connection with Sessions Trial No. 230 of 2024 arising out of Chakia P.S Case No. 301 of 2023 registered for the offences punishable under Sections 302/120B IPC and 27 of Arms Act.

As per allegation in the FIR, petitioner along with other co-accused persons came on one Apache motorcycle and opened firing on the son of the informant due to which the son of the informant sustained gunshot injury.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that this is second bail attempt of the petitioner. Earlier

Patna High Court CR. MISC. No.58608 of 2025(7) dt.19-12-2025 2/3

the bail application of the petitioner has been rejected vide order dated 15.07.2024 in Cr. Misc. No. 5671 of 2024. On earlier occasion, status report has been called for.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of the FIR, Status report and impugned order dated 25.01.2025, it appears that there are total 19 chargesheeted witnesses out of which only two have been examined till date. Moreover, petitioner is in custody since 23.08.2023 i.e., approx two and half years. It appears that trial has not been completed yet. It also appears that other co-accused persons has already been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No. 82378 of 2023, 14943 of 2024 and 59796 of 2024. So, considering all aspect of the matter and the submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Motihari, East Champaran, Bihar in connection with Chakia P.S. Case No. 301 of 2023 subject to the condition that petitioner shall appear before the Trial Court on each and every dated fixed by the Trial Court. It petitioner

Patna High Court CR. MISC. No.58608 of 2025(7) dt.19-12-2025 3/3

does not appear on two consecutive dates without any plausible reason, then Trial Court may cancel the bail bonds of the petitioner.

(Ramesh Chand Malviya, J)

Sunnykr/- U