Patna High Court

GAURAV KUMAR @ GAURAV JHAversusThe State of Bihar

Decided: 2 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner subject to conditions of cooperation, presence at trial, and a bail bond with sureties.

Summary

The petitioner, Gaurav Kumar, was arrested in connection with a case where a mob allegedly entered an informant's house and a co-accused, Ranjeet Singh, fired a weapon that injured the informant. The petitioner is charged under several sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act, but contends he only entered the house and did not fire any weapon. He has been in judicial custody since 18‑12‑2025 and claims he is falsely implicated, while the State points to six prior criminal cases against him. After hearing both sides, the Court considered the evidence and the petitioner’s claim of innocence, and decided to grant bail with conditions of cooperation, presence at trial dates, and a surety bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the Judicial Magistrate, 1st Class, Katihar.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences and his alleged criminal antecedents

Legislation cited

Arms Act — s. 27
B.N.S., 2023 — s. 109(1), 126(2), 332(a), 333, 3(5)

Subjects

bail
criminal procedure
Arms Act
Bihar Narcotic Substances Act
mob assault
prior criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14533 of 2026
                         Arising Out of PS. Case No.-159 Year-2025 Thana- FALKA District- Katihar
                 ======================================================
                 Gaurav Kumar @ Gaurav Jha S/o Brahamadev Jha @ Brahmdeo Jha @ Kailu
                 Jha R/o Vill - Gerabari (Zorabganj), P.S.- Korha, Distt.- Katihar
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shailendra Kumar Singh, Sr. Advocate
                                                   Mr. Pawan Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
3   02-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection with

                   Falka P.S. Case No. 159 of 2025 registered for the offence

                   punishable under Sections 126(2), 109(1), 332(a), 333 and 3(5) of

                   the B.N.S., 2023 and Section 27 of the Arms Act.

                                 3. The case of the prosecution, in short, is that 15-20

                   persons entered in the house of the informant and it is specifically

                   alleged that co-acused, Ranjeet Singh started firing and one of the

                   gunshot hit in the chest of the informant.

                                 4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. He also

                   submits that during the course of investigation, the witnesses have

                   stated that the petitioner is also a member of the mob who have
           Patna High Court CR. MISC. No.14533 of 2026(3) dt.02-04-2026
                                                       2/2




                     entered in the house of the informant. He further submits that the

                     allegation of firing is on Ranjeet Singh (co-accused). Only

                     allegation against the petitioner is that he has entered in the house

                     of the informant. Moreover, the petitioner is languishing in judicial

                     custody since 18.12.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of six cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail with the condition that

                     the petitioner shall cooperate in the trial and shall remain

                     physically present on each and every date fixed by the learned

                     trial court and one of the bail should be his close relative. The

                     above named petitioner is directed to be enlarged on bail on

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

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

                     learned Judicial Magistrate, 1st Class, Katihar in connection with

                     Falka P.S. Case No. 159 of 2025.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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