Patna High Court
Gaurav Bharti @ Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted to the petitioner.
Summary
The petitioner, Gaurav Bharti, applied for regular bail in a case registered under Sections 61(2), 103(1), 351(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, alleging that he and co‑accused had orchestrated the murder of a witness in a sessions trial. The petitioner’s name appears in a self‑inculpatory statement of a co‑accused, the murder was allegedly planned from jail, and he has been in custody since 20‑09‑2025 with six prior criminal antecedents. The High Court examined the nature and gravity of the offences, the manner of alleged commission, and the petitioner’s criminal history. Concluding that the circumstances did not warrant the relaxation of liberty, the Court refused to grant bail. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail can be granted to an accused of murder of a witness under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the seriousness of the offence and the petitioner’s criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 351(2), 351(3), 61(2)
Subjects
- regular bail
- serious offence
- witness murder
- arms act
- criminal antecedents
- high court bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29407 of 2026
Arising Out of PS. Case No.-400 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Gaurav Bharti @ Gaurav Kumar son of Shashi Bhushan Singh Resident of
Village- Hunder/Hathder, P.S.- Gaurichak, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Prakash Singh, Advocate
Mr. Pushpendra Priyedarshi
For the Opposite Party/s : Mr. Surendra Prasad Singh
For the Informant : Mr. P.N. Shahi, Sr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-05-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned Senior Counsel for the
informant.
2. The petitioner seeks regular bail in connection with
Gaurichak P.S. Case No. 400 of 2025 registered for the offence
under Sections 61(2), 103(1), 351(2) & 351(3) of the Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The petitioner and others are accused of getting the
witness of a sessions trial killed. The name of the petitioner has
come in the self-inculpatory statement of the co-accused. The
murder was planned from the jail. The petitioner is in custody
since 20.09.2025 and has six criminal antecedents.
4. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.29407 of 2026(2) dt.12-05-2026
2/2
case, nature and gravity of the offence and the manner in which
it is alleged to have been committed, this Court is not inclined to
grant bail to the petitioner.
5. Accordingly, the prayer for regular bail is hereby
rejected.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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