Patna High Court
Abhishek Gaurav @ ChandanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail.
Summary
The petitioner, Abhishek Gaurav, a driver, was charged under sections 318(4), 316(2), 61(2) and 3(5) of the Bihar Negotiable Instruments Act for allegedly receiving Rs 90 lakh from an informant and handing it over to family members in Kolkata, with the allegation that he and his son removed cash from a vehicle and absconded. The prosecution’s case relied on the informant’s statement, while the investigation recovered only Rs 45 lakh from a third party’s house, not from the petitioner. The petitioner contended that he is innocent, merely a driver, and that his son had previously been granted bail in a similar case. The State opposed the bail application, but the court noted the lack of direct evidence, the petitioner’s prolonged pre‑trial detention since July 2025, and the precedent of bail to the son. Consequently, the court granted regular bail on a bond of Rs 10,000 with two sureties and imposed standard conditions of cooperation and presence at trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Bihar Negotiable Instruments Act.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(4), 3(5), 61(2)
Subjects
- regular bail
- judicial custody
- driver
- Bihar Negotiable Instruments Act
- sections 318, 316, 61, 3
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19739 of 2026
Arising Out of PS. Case No.-460 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Abhishek Gaurav @ Chandan Son of Late Ranvijay Singh Resident of
Village- Kamla Chandel Shahpur, P.S.- Town Thana, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 318(4),
316(2), 61(2) and 3(5) of BNS.
3. The case of the prosecution is that the informant
has given Rs. 90,00,000/- to this petitioner and Amit Kumar for
handing it to over his family members at Kolkata. It is further
alleged that this petitioner along with his son Priyanshu has
taken cash out of the vehicle and are absconding.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that it is the case of the informant that he has
Patna High Court CR. MISC. No.19739 of 2026(2) dt.25-03-2026
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handed over the cash to the petitioner. During course of
investigation, it has come that recovery has been made from the
house of one Gautam Kumar not from this petitioner. Altogether
Rs. 45,00,000/- has been recovered from the house of Gautam
Kumar and as far as rest amount is concerned, valuable articles
were purchased. Petitioner has been framed in this case only
because he is the driver. It has further been submitted that
Priyanshu Gaurav has been granted bail by learned co-ordinate
Bench of this court vide Cr. Misc. No. 89956 of 2025. The case
of this petitioner stands on similar footing. Moreover, the
petitioner is languishing in judicial custody since 13.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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 petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Kadamkuan P.S. Case No. 460 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned J.M.F.C.-XIV, Patna
with following conditions:-
(i) The petitioner shall cooperate in trial and shall
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remain physically present in the trial court on each and every
fixed date.
(ii) One of the bailors will be a close relative of the
petitioner.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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