Patna High Court
Saurav Kumar @ Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail cannot be granted where prima facie material indicates involvement in serious offences and the petitioner has multiple prior convictions.
Summary
The petitioner, Saurav Kumar, was charged under Sections 61(2) and 103(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly firing at the informant's husband, resulting in death, and injuring another person. He has been in custody since 2 September 2025 and possesses thirteen prior criminal convictions. The petitioner applied for regular bail, arguing that he should be released pending trial. The Court examined the seriousness of the allegations, the existence of prima facie evidence linking the petitioner to the offences, and his extensive criminal antecedents. Concluding that the nature of the case is grave and the risk of tampering or further offences is high, the Court declined to grant bail. The order expressly states that the observations are limited to the bail application and do not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences and his criminal antecedents
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)
Subjects
- regular bail
- prima facie evidence
- criminal antecedents
- firearms offence
- Arms Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19895 of 2026
Arising Out of PS. Case No.-75 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
Saurav Kumar @ Saurav Kumar S/o Late Umesh Singh @ Umesh Prasad
Singh Resident of Village - Ramdiri, P.S - Matihani, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar
For the Opposite Party/s : Mr. Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Lohiyanagar P.S. Case No. 75 of 2025 registered for the offence
under Sections 61(2) and 103(1) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. The allegation against the petitioner is that he,
along with other persons, fired upon the husband of the
informant, who succumbed to the firearm injuries, and also
caused firearm injury to another person.
4. The petitioner is in custody since 02.09.2025 and
has 13 criminal antecedents.
5. I have considered the submissions of the parties and
have gone through the records of the case. The allegations
Patna High Court CR. MISC. No.19895 of 2026(2) dt.01-04-2026
2/2
against the petitioner are serious and grave in nature. There
exists prima facie material against the petitioner indicating his
involvement in the commission of the offence.
6. In view of the aforesaid discussion, this Court is not
inclined to grant regular bail to the petitioner. Accordingly, this
application for regular bail stands rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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