Patna High Court

Saurabh KumarversusThe State of Bihar

Decided: 19 March 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Saurabh Kumar, applied for bail in a case registered as Lachhuar P.S. Case No. 174 of 2024 under Section 310(2) of the BNS, alleging he was falsely implicated based on a co-accused's confession. The prosecution alleged that five accused, including the petitioner, robbed an informant at gunpoint. The petitioner argued he has a clean antecedent, has been in custody since 11‑10‑2024, and another co‑accused has already been granted bail. The court noted that the charge‑sheet had been filed, indicating completion of investigation, and considered the petitioner’s personal circumstances. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of a close relative as bailor, physical presence at trial, and cancellation for non‑appearance.

Issues considered

Whether bail should be granted to the petitioner under Section 310(2) of the BNS considering the nature of the offence, custody period, clean antecedent, and the fact that a co‑accused has already been released on bail.

Legislation cited

Bihar Negotiable Instruments Act — s. 310(2)

Subjects

bail
Section 310(2)
BNS
criminal miscellaneous
clean antecedent
co‑accused
charge sheet
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11810 of 2026
                      Arising Out of PS. Case No.-174 Year-2024 Thana- LACHHUAR District- Jamui
                 ======================================================
                 Saurabh Kumar S/o Bishundev Yadav R/o Village - Ekrama, P.S - Chewara,
                 District - Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Suresh Singh, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   19-03-2026                      Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Lachhuar P.S.Case No. 174 of 2024 registered for the offence

                   punishable under Section 310(2) of the BNS.

                                 3. As per the prosecution case, while the informant

                   was returning after attending Sharadh ceremony of one of his

                   relatives, all on a sudden, five accused persons, riding on two

                   motor-cycle, came from behind and stopped him. It is further

                   alleged that the accused persons snatched his belongings and

                   Rs.12,500/- in cash at gun point and took to their heels.

                                4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.11810 of 2026(3) dt.19-03-2026
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          that the petitioner is innocent and has falsely been implicated in

          this case on the basis of confessional statement of co-accused

          Neeraj Kumar.

                       5. Considering the fact that the petitioner has

          remained in custody since 11.10.2024 and he is a person of

          clean antecedent and further considering the fact that another

          co-accused Nitish Kumar has already been granted bail vide

          order dated 16.02.2026 passed in Cr.Misc.No. 1667 of 2026 and

          also the fact that the charge-sheet is said to have already been

          filed in this case, thereby completing the investigation, for these

          reasons let the petitioner, above-named, be released on bail on

          furnishing bail bond of Rs. 10,000/-(ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          court below where the case is pending/successor court in

          connection with Lachhuar P.S.Case No. 174 of 2024 subject to

          the following conditions:

                                (i) One of the bailors of the petitioner shall be
                                his close relative.
                                (ii) The petitioner shall remain physically
                                present in Court on each and every date of the
                                trial.
                                (iii) In case of absence on two consecutive
                                dates without substantial reason or in violation
                                of the terms of the bail, the bail bond of the
           Patna High Court CR. MISC. No.11810 of 2026(3) dt.19-03-2026
                                                       3/3




                                           petitioner will be liable to be cancelled by the
                                           Court concerned.



                                              (Alok Kumar Sinha, J)

HR/-

U      T

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