Created by Fuzzy Cloud

Patna High Court

Saurav Kumar @ Saurav SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.