Patna High Court
Saurav Kumar @ Saurav SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, Saurav Kumar, was arrested in connection with a case of attempted dacoity and alleged possession of arms, charged under Sections 310(2) and 317(3) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑b)(a), 26 and 35 of the Arms Act. He contended that he was falsely implicated based solely on the confessional statements of co‑accused, with no material recovered from his possession and no TIP conducted. The prosecution opposed bail, highlighting three prior criminal antecedents, though one case ended in acquittal and the other two are pending on bail. The court noted that similar co‑accused had been granted bail by the same High Court and, considering the lack of direct evidence against the petitioner, ordered his release on bail with a Rs.10,000 bond and specific conditions. The order also directed verification of his criminal antecedents and stipulated cancellation of bail for non‑compliance or tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the BNS Act and Arms Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 310(2), 317(3)
Subjects
- bail
- serious offences
- dacoity
- Arms Act
- prior criminal antecedents
- confessional statements
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31200 of 2026
Arising Out of PS. Case No.-970 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Saurav Kumar @ Saurav Singh Son of Nagendra Singh @ Magan Singh
Resident of Village - Dubhal, P.S.- Magadh Medical, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.K. Lal, Sr. Advocate
Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-05-2026 Heard Mr. S. K. Lal, learned senior counsel for the
petitioner and Mr. Parmanand Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.03.2026 in connection with Muffasil P.S. Case No. 970 of
2025, F.I.R. dated 19.09.2025 for the offences punishable under
Sections 310(2) and 317(3) of the BNS, 2023 and Sections
25(1-b)(a), 26 and 35 of the Arms Act.
3. According to prosecution case, 5-6 accused persons
made an attempt to commit dacoity and snatched the bad
containing money from the informant's brother. In the
meantime, two persons were caught by the police and disclosed
their name as Satish Kumar and Dayanand Kumar.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.31200 of 2026(2) dt.12-05-2026
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present case. Initially the petitioner was not named in the FIR
and his name has been transpired during investigation on the
basis of the confessional statement of the co-accused, namely,
Satish Singh and Dayanand Kumar Bharti and till date no TIP
has been conducted by the prosecution and nothing has been
recovered from the consicous possession or the house of the
petitioner. He further submits that the police after investigation
submitted the charge sheet against the petitioner. He further
submits that similarly situated, co-accused, namely, Mahakal @
Mantu Yadav has been granted bail by a co-ordinate Bench of
this Court vide order dated 12.03.2026 passed in Cr. Misc. No.
13438 of 2026 and co-accused, namely, Satish Singh @ Satish
Kumar has been granted bail by a Co-ordinate Bench of this
Court vide order dated 08.01.2026 passed in Cr. Misc. No.
85543 of 2025. The petitioner is in custody since 12.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries three criminal antecedents other
than the present one but fairly submits that he has been
acquitted in one case and in two cases he is on bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
Patna High Court CR. MISC. No.31200 of 2026(2) dt.12-05-2026
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bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM,
Gaya in connection with Muffasil P.S. Case No. 970 of 2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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