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Patna High Court

Gaurav Kumar @ Chhotu Kumar @ ChhotuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, dismissing the application and ordering the trial to be expedited.

Summary

Gaurav Kumar was arrested in connection with an ATM fraud case (PS Case No. 94 of 2023) under several sections of the Bhartiya Nyaya Sanhita. He applied for regular bail, which was rejected on 16 July 2025, and filed a second bail application on 16 February 2026. The petitioner argued that he had two prior criminal antecedents, had been in custody since 2 April 2025, and that charges had not yet been framed. The Court examined the gravity of the offences, the petitioner’s antecedents, and the fact that the trial was pending, and found no basis to overturn its earlier order. Consequently, the bail application was dismissed again, with a direction to the lower court to expedite the trial and frame charges promptly.

Issues considered

  • Whether regular bail can be granted to the petitioner despite the seriousness of the offences under the Bhartiya Nyaya Sanhita.
  • Whether the petitioner’s prior criminal antecedents and continued custody preclude bail.
  • Whether the non‑framing of charges affects the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • ATM fraud
  • antecedents
  • charge framing
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9813 of 2026
                       Arising Out of PS. Case No.-94 Year-2025 Thana- Kavaiya District- Lakhisarai
                 ======================================================
                 Gaurav Kumar @ Chhotu Kumar @ Chhotu S/O Akshay Singh R/O Vill.-
                 Sadipur,P.S- Nardiganj, Dist- Nawada

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Mukesh Kumar, Advocate
                 For the Opposite Party/s :         Mr.Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Kabaiya P.S. Case No.

                   94 of 2023 registered for the offence under Sections 303(2),

                   319(2), 318(4), 317(5), 3(5) of B.N.S. Earlier the bail

                   application of the petitioner was rejected vide order dated

                   16.07.2025 passed in Cr. Misc. No. 44016 of 2025 which reads

                   as under:-

                                               Heard learned counsels for the parties.
                                               2. This application is for grant of regular bail
                                   in connection with Kabaiya P.S. Case No.94 of 2025,
                                   registered for the offences under Sections 303(2), 319(2),
                                   318(4), 317(5), 3(5) of Bhartiya Nyaya Sanhita.
                                               3. As per the F.I.R., petitioner is said to have
                                   been involved in ATM fraud.
                                               4. The petitioner is in custody since
                                   02.04.2025 and he has two antecedents of similar nature.
                                               5. Considering the facts and circumstances,
                                   the bail application of the petitioner is hereby rejected.
              Patna High Court CR. MISC. No.9813 of 2026(2) dt.16-02-2026
                                                          2/2




                                                     6.   Accordingly,      this   application   stands
                                        dismissed

                                     3. It has been submitted by the learned counsel for the

                        petitioner that petitioner has two criminal antecedent and he is

                        custody since 02.04.2025. Learned counsel further submits that

                        till now charges have not been framed.

                                     4. Considering the gravity of offence, this Court finds

                        no ground to review its earlier order.

                                     5. Accordingly, this application is dismissed again

                        with direction to the concerned court below to expedite the trial

                        and frame the charges at the earliest.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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