Patna High Court
Sourav Kumar @ Gavrabh Kumar @ Gourav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 309(4), 317(2)
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
2/3
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
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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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