Patna High Court
Gaurav Kumar Ray @ Gaurav RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted and dismissed the bail application.
Summary
The petitioner, Gaurav Kumar Ray, was arrested in connection with a case of kidnapping and extortion where the victim was abducted, photographed, and Rs.12,000 was withdrawn via UPI. A co-accused, Satyendra Yadav, gave a self‑inculpatory statement implicating the petitioner. The petitioner applied for regular bail under Sections 137(2), 140(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, claiming innocence and having been in custody since 15‑11‑2025. The State opposed bail, arguing that the petitioner’s name emerged during investigation and the offence is grave. The Court, considering the seriousness of the charges and the evidence, declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 137(2), 140(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the nature and gravity of the alleged kidnapping and extortion.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(2), 3(5), 352
Subjects
- regular bail
- extortion
- kidnapping
- Bharatiya Nyaya Sanhita
- criminal procedure
- section 137
- section 140
- section 352
- section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14909 of 2026
Arising Out of PS. Case No.-95 Year-2024 Thana- Narhiya District- Madhubani
======================================================
Gaurav Kumar Ray @ Gaurav Ray S/O Mukesh Kumar Ray @ Mukesh Ray
R/O Village- Sakhua, P.S- Narhiya, Distt- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat, Advocate
For the State : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Narhaiya P.S. Case No. 95 of 2024 registered for the offence
under Sections 137(2), 140(2), 352 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The victim was abducted by unknown criminals
and thereafter they sent his photograph to the family of the
victim and they withdrew Rs. 12,000/- from his mobile through
UPI. Satyendra Yadav, a co-accused has given a self-inculpatory
statement that the petitioner is involved in the crime.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 15.11.2025.
Patna High Court CR. MISC. No.14909 of 2026(2) dt.25-02-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail and has submitted that the name of
the petitioner has transpired during the investigation. The
extortion was done after taking the photograph of the victim and
sending it to his family members.
6. Considering the nature of the accusation and the
gravity of the offence, this Court is not inclined to grant regular
bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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