Patna High Court
Adarsh GouravversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Adarsh Gourav, applied for regular bail in a case registered under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, alleging assault on an informant and her family and the theft of a mobile phone. The prosecution presented prima facie material, including the victim's identification of the petitioner during a TI parade and his presence with a motorcycle at the scene, along with four prior criminal convictions. The petitioner contended innocence and that no incriminating material was recovered from him. The court examined the seriousness of the allegations, the existence of prima facie evidence, and the petitioner’s criminal antecedents. Concluding that the nature and gravity of the offence warranted custody, the court rejected the bail application, emphasizing that its observations were limited to the bail matter and would not affect the trial.
Issues considered
- Whether regular bail can be granted to the petitioner despite prima facie evidence of involvement in assault and theft.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
Subjects
- bail
- criminal procedure
- Section 309
- prima facie evidence
- prior convictions
- assault
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30503 of 2026
Arising Out of PS. Case No.-366 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Adarsh Gourav son of Vishnu Kumar Lal Das Resident of village- Durga
Sharan Lane, Bari Patan Devi, PS -Alamganj, District -Patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kameshwar Singh
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Alamganj P.S. Case No. 366 of 2025 registered for the offence
under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner and
others are accused of assaulting the informant and her family
members, causing head injuries, and snatching one mobile
phone.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner is in custody since 01.05.2025. It is further submitted
that nothing has been recovered from the possession of the
petitioner.
5. Learned counsel for the State vehemently opposes
Patna High Court CR. MISC. No.30503 of 2026(2) dt.08-05-2026
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the bail application and submits that the allegations against the
petitioner are serious and grave in nature.
6. There exists prima facie material against the
petitioner indicating his involvement in the commission of the
offence. The victim Gayatri Kumar, wife of Amit Kumar,
identified the petitioner during TI Parade. The involvement of
the petitioner has come during investigation that he was present
along with the motorcycle to commit the crime. The petitioner
has four criminal antecedents.
7. Considering the nature and gravity of the
accusation, this Court is not inclined to grant regular bail to the
petitioner. Accordingly, this application for regular bail stands
rejected.
8. 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
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