ORISSA HIGH COURT ISSUES ORDER ON RUPESH YADAV V/S THE STATE OF BIHAR

PATNA, India, March 4 -- Patna High Court issued the following order on Jan. 2:

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

2. The petitioner seeks bail in connection with Chausa P.S. Case No. 331 of 2024, instituted for the offences punishable under Sections 132, 109(1) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26, 35 and 27 of the Arms Act.

3. The prosecution case, in short, is that there is recovery of one loaded country made rifle and four live cartridges from the room of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that the petitioner was not arrested on spot. The alleged recovery has been made from the joint house of the petitioner where other family members also reside. It is further submitted that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 17.08.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chausa P.S. Case No. 331 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

Disclaimer: Curated by HT Syndication.