Patna High Court

Gaurav KumarversusThe State of Bihar

Decided: 16 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner with specified conditions.

Summary

Gaurav Kumar was arrested in connection with a theft case under Section 303(2) of the Bharatiya Nyaya Sanhita, after a stolen bike was recovered from his house while he was in custody for a related matter. He had earlier given a confessional statement in another case and has been in judicial custody since 29 July 2025, with a record of seven prior criminal cases. The petitioner applied for bail, arguing that the original case was lodged against unknown miscreants and that the recovery occurred while he was detained. The State opposed bail, citing his criminal antecedents. After hearing both sides, the court granted bail on the condition of a Rs.10,000 bond, two sureties of the same amount, and the requirement that the petitioner cooperate and be present at every trial date.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 303(2) of the Bharatiya Nyaya Sanhita given his prior criminal antecedents and a confessional statement.

Legislation cited

Bharatiya Nyaya Sanhita — s. 303(2)

Subjects

bail
criminal procedure
Section 303(2)
prior convictions
confessional statement
judicial custody
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24774 of 2026
                         Arising Out of PS. Case No.-404 Year-2025 Thana- FATUA District- Patna
                 ======================================================
                 Gaurav Kumar Son of Late Jaichand Mahto Resident of Village - Yarpur, P.S.-
                 Hilsa, District - Nalanda, Bihar.


                                                                                   ... ... Petitioner/s

                                                        Versus

                 The State of Bihar                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nagadeo Choubey, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Fatuha P.S. Case No.404 of 2025 registered for the

                   offence punishable under Section 303(2) of the Bharatiya

                   Nyaya Sanhita. .

                                3. The case of the prosecution, in short, is that the

                   informant has parked his bike before his door. When he came

                   out of his house, he did not find his bike.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the case was lodged against

                   unknown miscreants. Learned counsel for the petitioner has

                   further submitted that during course of investigation the
Patna High Court CR. MISC. No.24774 of 2026(2) dt.16-04-2026
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          petitioner was remanded in this case from Fatuha P.S. Case

          No. 446 of 2025 and in that case the petitioner has given his

          confessional statement and on the basis of that confessional

          statement, a stolen bike was recovered from the house of the

          petitioner. Learned counsel for the petitioner has further

          submitted that the recovery has been made while the

          petitioner was in custody. It has further been submitted that in

          this case charge-sheet has been filed and is triable by Judicial

          Magistrate. Learned counsel for the petitioner has further

          submitted that the petitioner is in judicial custody since

          29.07.2025.

                       5. The application for bail is opposed by learned

          APP for the State. Learned APP has further submitted that the

          petitioner is having criminal antecedent of seven cases.

                       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 with the condition

          that the petitioner shall co-operate in the trial and shall

          remain physically present on each and every date in the trial

          court. The above named petitioner is directed to be enlarged

          on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten

          thousand only) with two sureties of the like amount each to
            Patna High Court CR. MISC. No.24774 of 2026(2) dt.16-04-2026
                                                        3/3




                      the satisfaction of the court of learned ACJM-II, Patna City in

                      connection with Fatuha P.S. Case No.404 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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