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Patna High Court

Gaurav Bharti @ Gaurav KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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