Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court refused bail, permitting a fresh application after six months if the trial is not concluded.
Summary
The petitioner, Saurav Kumar, was arrested in connection with a case alleging that he entered a woman's house, attempted to outrage her modesty and, when she resisted, shot her, causing a grievous firearm injury. He sought bail, claiming innocence and that he had been falsely implicated, while the State opposed bail citing his prior criminal antecedent and the seriousness of the injury. The petitioner's counsel argued that he had committed no offence and had been in judicial custody since 27‑03‑2025. The State highlighted the grievous nature of the wound and the applicable sections of the B.N.S., 2023 and the Arms Act. After hearing both sides, the Court declined to grant bail at this stage, allowing the petitioner to renew the bail application after six months if the trial remains pending, and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Sections 126(2), 115(2), 352, 351(3), 74, 75, 76, 118(2), 109(1) of the B.N.S., 2023 and Sections 25(1‑B)a, 26 of the Arms Act.
Legislation cited
- Arms Act — s. 25(1-B)a, 26
- B.N.S., 2023 — s. 109(1), 115(2), 118(2), 126(2), 351(3), 352, 74, 75, 76
Subjects
- bail
- criminal procedure
- offence against woman
- firearm injury
- Arms Act
- serious offence
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15458 of 2026
Arising Out of PS. Case No.-91 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Saurav Kumar S/o Ganesh Singh Resident of - Mukhtiyarpur, P.S -
Bhagwanpur, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Mohan Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bhagwanpur P.S. Case No. 91 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 352, 351(3),
74, 75, 76, 118(2), 109(1) of the B.N.S., 2023 and Sections
25(1-B)a, 26 of the Arms Act.
3. The case of the prosecution, in short, is that while
the informant was alone at her house, the petitioner entered her
house and attempted to outrage her modesty and when she
objected, he shot fire upon her, due to which she sustained a
firearm injury.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.15458 of 2026(3) dt.20-04-2026
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committed no offence. He has been falsely implicated in this
case. Petitioner is languishing in judicial custody since
27.03.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of one case. He also submits that from perusal of the
injury report, it is clear that the informant has received gun shot
injury in her stomach and the nature of injury is grievous.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
not inclined to enlarge the petitioner on bail at this stage,
however the petitioner will be at liberty to renew his prayer for
bail after six months if the trial is not concluded.
7. Learned trial court is directed to expedite the trial.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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