Gaurav Kumar @ ChhoteversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22237 of 2026
                    Arising Out of PS. Case No.-32 Year-2026 Thana- BACHHWARA District- Begusarai
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                 Gaurav Kumar @ Chhote S/o Late Suraj Choudhary Resident of village -
                 Gonuchak, Ward No. 11 (Fateha), P.S - Bachhwara, District - Begusarai


                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Krishna Prasad Singh, Sr. Advocate
                                          :      Mr. Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :      Mr. Amitesh Kumar, A.P.P.
                 For the Informant        :      Mr. Sandip Kumar Gautam, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   14-05-2026                          Heard Mr. Krishna Prasad Singh, learned Senior

                   Counsel for the petitioner, Mr. Sandip Kumar Gautam, learned

                   counsel for the informant and Mr. Amitesh Kumar learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   03.02.2026 in connection with Bachhwara P.S. Case No. 32 of

                   2026 for the offences punishable under Sections 115(2), 109,

                   352, 351(2), 351(3), 3(5) of BNS and Section 27 of Arms Act.

                                3. The case of the prosecution, in brief, is that on

                   01.02.2026 at about 04:10 P.M, the informant was at his house.

                   In the meantime, accused Gaurav Kumar @ Chhote came there

                   and started abusing and argument arose between them for
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          removal of flower plant. Thereafter, accused Gaurav Kumar

          threatened the informant's son to be fired gun-shot and later on,

          he started firing. The informant's son got firearm injury on his

          head and fell on the ground. Other accused persons also started

          firing on house and then, fled from there. Accused Gaurav

          Kumar threatened the informant's family to be killed.

                      4. Learned Senior Counsel for the petitioner submits

          that petitioner has clean antecedent and has falsely been

          implicated in the present case. It is further submitted that due to

          some petty dispute the present occurrence has taken place and

          both the parties are agnates to each other. It is next submitted

          that the present occurrence has taken place at the spur of the

          moment but there is no intention on the part of the petitioner to

          kill anyone although the son of the informant has received

          injury. It is next submitted that the police after investigation has

          submitted charge-sheet and petitioner is in custody since

          03.02.2026.

                      5. The learned Additional Public Prosecutor for State

          and learned counsel for the informant have vehemently opposed

          the prayer for bail of the petitioner and submit that there is

          direct and specific allegation against the petitioner and he has

          fired upon the son of the informant and he has received firearm
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          injury and the injury sustained is grievous in nature.

                       6. Considering the aforesaid facts and circumstances

          and that petitioner has clean antecedent, 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 CJM, Begusarai in

          connection with Bachhwara P.S. Case No. 32 of 2026, 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
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                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T