Patna High Court
Sourav Kumar @ Gourav Kumar @ Gavrabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Sourav Kumar, was arrested on 6 November 2024 in connection with a robbery and assault case (FIR dated 6 August 2024) involving offences under Section 309(4) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that four miscreants attacked an informant, stole valuables, and that the petitioner was implicated solely through the confessional statement of a co‑accused, Abhishek Kumar, with no material recovered from him. The petitioner’s counsel argued his innocence, noting the lack of any direct evidence and that he was not named in the FIR. The State opposed bail, citing two prior criminal antecedents, though the petitioner was already on bail in one of those cases. The court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedents.
- Whether the confessional statement of a co‑accused alone suffices to justify continued detention.
- Whether the absence of material evidence recovered from the petitioner warrants denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- Arms Act
- false implication
- confessional statement
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1944 of 2026
Arising Out of PS. Case No.-375 Year-2024 Thana- RAJAON District- Banka
======================================================
Sourav Kumar @ Gourav Kumar @ Gavrabh Kumar S/O Sadanand Mandal
@ Sadanand Yadav R/O Village- Mirzapur, P.O- Barahat, Distt.- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Sanjay Kumar Jha, learned counsel for
the petitioner as well as Mr. Parmanand Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.11.2024 in connection with Rajoun P.S. Case No. 375 of
2024 (G.R. No. 2527 of 2024), F.I.R. dated 06.08.2024 for the
offences punishable under Section 309(4) of the Bharatiya Nyay
Sanhita, 2023 and Section 27 of Arms Act.
3. According to prosecution case, the informant
alleged that when he was returning to his officeand reached near
Khaira railway crossing, in the meantime, four miscreants came
on two motorcycles and one of them fired, due to which
informant got injured. It is further alleged that the miscreants
broke the lock of the trunk of his motorcycle and took out bag in
Patna High Court CR. MISC. No.1944 of 2026(2) dt.20-01-2026
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which money, purse, Aadhar Card, PAN Card, Driving License
etc, were kept and fled away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner is not named in the FIR and his
name transpired on the basis of confessional statement of co-
accused person, namely, Abhishek Kumar and no incriminating
articles/alleged articles have been recovered from the possession
of the petitioner and except the disclosure made by co-accused
person, no other cogent material has come during investigation
which suggest the involvement of the petitioner in the present
occurrence and the petitioner is in custody since 06.11.2024.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries two criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in one out of two cases.
6. Considering the aforesaid facts and circumstances,
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 Chief
Patna High Court CR. MISC. No.1944 of 2026(2) dt.20-01-2026
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Judicial Magistrate, Banka in connection with Rajoun P.S. Case
No. 375 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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