Patna High Court

Gaurav Kumar Roy @ Golu Kumar RoyversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted pre‑arrest bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Gaurav Kumar Roy, sought pre‑arrest bail in a case registered under sections 109, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act. The specific allegation of firing at an informant’s nephew was directed at co‑accused Manoj Kumar Raj, and no overt act was alleged against the petitioner. The State opposed the bail application, arguing the seriousness of the offences. The Court examined whether the lack of a specific overt act against the petitioner justified bail and considered the protective provisions of section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Finding that the petitioner was not directly implicated, the Court allowed pre‑arrest bail on the condition of a Rs.10,000 bond with two sureties, to be filed within eight weeks.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail despite the charges under the Bharatiya Nyaya Sanhita and Arms Act
Whether the absence of a specific overt act against the petitioner warrants bail
Applicability of section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail

Legislation cited

Arms Act — s. 27
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 351(2)

Subjects

pre‑arrest bail
criminal procedure
Bharatiya Nyaya Sanhita
Arms Act
section 482
no specific overt act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.264 of 2026
                      Arising Out of PS. Case No.-239 Year-2025 Thana- ROSERA District- Samastipur
                 ======================================================
                 Gaurav Kumar Roy @ Golu Kumar Roy Son of Manoj Kumar Ray Resident
                 of Village - Ward No 5, Bhiraha, P.S.- Rosera, District- Samastipur, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Avinash Kumar Singh
                 For the Opposite Party/s :        Mr.Pramod Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   04-02-2026                    Heard learned counsel for the parties.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under sections 109, 351(2), 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.

                                3. Specific allegation of firing gun shot on informant’s

                   nephew is against co-accused Manoj Kumar Raj and no specific

                   overt act has been alleged against the petitioner.

                                4. Learned counsel for the State opposes the prayer

                   for pre-arrest bail.

                                5. Considering the aforesaid facts of the case, prayer

                   for bail of this petitioner is allowed. In the event of

                   arrest/surrender within eight weeks from today, let this

                   petitioner, mentioned above, be enlarged on bail on furnishing

                   bail bond of Rs.10,000/- (ten thousand) with two sureties of the
               Patna High Court CR. MISC. No.264 of 2026(3) dt.04-02-2026
                                                           2/2




                         like amount each to the satisfaction of Additional Chief Judicial

                         Magistrate I, Rosera Samastipur in Rosera Police Station Case

                         No. 239 of 2025, subject to the conditions laid down under

                         section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T

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