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Patna High Court

Sourav Kumar @ Gavrabh Kumar @ Gourav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner subject to the stipulated bond, sureties and conditions of appearance.

Summary

The petitioners, Sourav Kumar and co‑accused, were arrested in connection with a case (PS‑399/2024) alleging offences under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, involving the hijacking of a truck. The prosecution alleged that four unknown persons threatened an informant, seized the truck and fled. The petitioners contended that they were falsely implicated, not named in the FIR, and were linked only through a co‑accused’s confessional statement, with no material recovered from them. They also pointed out non‑compliance with Section 103 of the BNSS regarding investigation. The State opposed bail. Considering the length of custody, the filing of the charge‑sheet, and the lack of direct evidence, the Court granted bail subject to a Rs 15,000 bond, two sureties, and conditions of appearance. The bail may be cancelled if the petitioner defaults on two consecutive court dates.

Issues considered

  • Whether bail should be granted to the accused under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 given the alleged false implication and lack of material evidence.
  • Whether the prosecution’s failure to comply with Section 103 of the BNSS affects the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • Bharatiya Nyaya Sanhita
  • Section 309
  • Section 317
  • Section 103
  • investigation
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.2435 of 2026
                        Arising Out of PS. Case No.-399 Year-2024 Thana- RAJAON District- Banka
                 ======================================================
                 Sourav Kumar @ Gavrabh Kumar @ Gourav Kumar son of Sadanand Mandal
                 @ Sadanand Yadav Resident of Village - Mirzapur, PS- Barahat, Dist- 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. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   23-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State. Perused the case diary.

                           2.      The petitioner seeks bail in connection with Rajoun

                   P.S. Case No. 399 of 2024 instituted for the offence under

                   Sections 309(4) & 317(2) of the Bharatiya Nyaya Sanhita, 2023.

                           3.      The prosecution case, in brief, is that four unknown

                   persons intercepted the informant’s truck near Rajawar Chowk,

                   Rajaun P.S., showed country-made pistols, threatened him with

                   death, forcibly snatched the keys and fled away with the truck

                   loaded with water tanks.

                           4.      It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 23.06.2025. Petitioner

                   bears two (2) criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.2435 of 2026(3) dt.23-02-2026
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          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is not named in the FIR. Name of the petitioner

          has transpired on the basis of confessional statement of co-

          accused. Nothing has been recovered from the conscious

          possession of the petitioner. Looted truck is recovered from the

          possession of other co-accused person. Charge sheet has already

          been submitted in this case. There is no compliance of Section

          103 of the BNSS, 2023.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner and charge sheet

          being submitted, this Court is inclined to grant bail to the

          petitioner.

                  8.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Rajoun P.S. Case No.

          399 of 2024, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the
           Patna High Court CR. MISC. No.2435 of 2026(3) dt.23-02-2026
                                                       3/3




                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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