Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail may be granted to the petitioners upon furnishing the prescribed bond and sureties.
Summary
The petitioners Baiju Kumar, Karan Kumar and Saurav Kumar applied for bail in connection with a case registered under Sections 61(2), 109, 111 and 140 of the B.N.S. The prosecution alleged that the accused were involved in an armed encounter with an informant and that Saurav Kumar disclosed a contract killing arrangement by a co‑accused. The petitioners contended that they were innocent, that only Saurav was apprehended with a mobile and bike, and that the allegations of a contract killer were fabricated. The State opposed the bail applications. After hearing both sides, the court found that the circumstances did not warrant continued detention and ordered bail on condition of a bond and sureties. Each petitioner was directed to furnish a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioners accused under Sections 61(2), 109, 111 and 140 of the B.N.S.
- Whether the nature of the alleged offences and the evidence disclosed justify continued judicial custody
Legislation cited
- B.N.S. — s. 109, 111, 140, 61(2)
Subjects
- bail
- criminal miscellaneous
- Sections 61(2) 109 111 140 B.N.S.
- Patna High Court
- judicial custody
- bond and sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10670 of 2026
Arising Out of PS. Case No.-646 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Baiju Kumar Son of Indra Chaudhary Resident of - Jethuli, Kachhi Dargah,
P.S.- Nadi, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 11945 of 2026
Arising Out of PS. Case No.-646 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Karan Kumar Son of Gopal Ray @ Gopal Prasad R/o Village - Sukulpur, P.S.
- Fatuha, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 12282 of 2026
Arising Out of PS. Case No.-646 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Saurav Kumar Son of Sunil Kumar Singh @ Sunil Kumar Resident of
Village- Jethuli, Kachchi Dargah, P.S.- Nadi, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 10670 of 2026)
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
(In CRIMINAL MISCELLANEOUS No. 11945 of 2026)
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
(In CRIMINAL MISCELLANEOUS No. 12282 of 2026)
For the Petitioner/s : Mr. Niraj Kumar, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
Patna High Court CR. MISC. No.10670 of 2026(2) dt.18-02-2026
2/3
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Kadamkuan P.S. Case No. 646 of 2025 registered for the
offence punishable under Sections 61(2), 109, 111 and 140 of
B.N.S.
3. The case of the prosecution, in short, is that certain
unknown miscreants have caught the informant. They were
armed with a weapon. When the informant raised alarm, one of
them was apprehended who was identified as Saurav Kumar one
of the petitioners. Saurav Kumar has disclosed that co-accused
Vikash Kumar who is step-brother, has arranged the contract
killer at Rs. 8,00,000/-.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. From perusal of the F.I.R., itself it is
clear that only Saurav Kumar one of the petitioners was
apprehended and from his possession, only a mobile and bike
was recovered whereas it is alleged that the miscreants were
armed with weapon. It has further been submitted that the name
of other two petitioners, namely, Baiju and Karan Kumar has
surfaced in the statement of the petitioner, Saurav Kumar. No
Patna High Court CR. MISC. No.10670 of 2026(2) dt.18-02-2026
3/3
injury was sustained by the informant. It has also been
submitted that this case has been filed after taking advice from
advocate to implicate the petitioners. The story of arranging the
killers is all concocted. Petitioner Baiju and petitioner Karan are
languishing in judicial custody since 27.09.2025 whereas
petitioner Saurav is languishing in judicial custody since
17.09.2025. Learned counsel has further submitted that one co-
accused has been granted bail by this court vide Cr. Misc. No.
91379 of 2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Concerned Court, Patna in connection with Kadamkuan P.S.
Case No.646 of 2025.
(Ashok Kumar Pandey, J)
shubham/-
U T
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