Patna High Court
Gaurav Kumar @ Suro @ Shuro @ Gautom KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the petitioner’s criminal antecedent and the seriousness of the offences preclude relief.
Summary
The petitioner, Gaurav Kumar, sought anticipatory bail fearing arrest in a case (PS Nawada Case No.1072 of 2025) filed under several sections of the Bihar Narcotic Substances Act. The prosecution alleged that after dropping a patient, the petitioner stopped an ambulance, forced the informant to sit on a motorcycle, demanded money and assaulted him, leading to the FIR. The petitioner’s counsel argued that despite a prior criminal case against the informant, the petitioner should be granted bail. The State’s counsel highlighted the petitioner’s own criminal antecedents and the seriousness of the offences. Considering the seriousness of the allegations and the petitioner’s criminal record, the court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail can be granted to the petitioner given the nature of the offences under the BNS Act and his criminal antecedent?
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 117(2), 126(2), 140(2), 3(5), 351(3), 352
Subjects
- anticipatory bail
- criminal antecedent
- Bihar Narcotic Substances Act
- assault
- extortion
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15258 of 2026
Arising Out of PS. Case No.-1072 Year-2025 Thana- NAWADA District- Nawada
======================================================
Gaurav Kumar @ Suro @ Shuro @ Gautom Kumar Son of Vijay Singh R/o
Village - Asarhi @ Asadhi, P.S. - Nawada Nagar, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Nawada Nagar P.S. Case No. 1072 of 2025 instituted under
Sections 115(2), 126(2), 117(2), 140(2), 352, 351(3), 3(5) of
BNS Act lodged on 11.10.2025 by the informant,Sundram
Kumar.
3. As per the prosecution story, the informant alleged
that after dropping a patient at Nawada, when he was returning,
the accused persons stopped the ambulance, made him to sit in
the middle of the motorcycle and demanded amount while
beating him. Once out of their clutches, he went to the Police
Station and the FIR.
4. Learned counsel for the petitioner submits that
though he has criminal antecedent, earlier case was lodged
Patna High Court CR. MISC. No.15258 of 2026(2) dt.12-03-2026
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against the informant which led to the present case.
5. Learned APP, Mr. Bharat Bhushan opposes the
prayer submitting that not only the learned Sessions Judge has
recorded injuries to the informant, he has criminal antecedent.
6. Considering the aforesaid submissions of the
parties as also the criminal antecedent, no relief can be
extended, the anticipatory bail application is rejected.
(Rajiv Roy, J)
Ravi/-
U T
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