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Patna High Court

Saurav Kumar @ Saurabh Kumar @ ChandanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail application and ordered the petitioner’s release on bail.

Summary

The petitioner, Saurav Kumar, was arrested in connection with a 2013 murder case (Sections 302/34 IPC and Section 27 Arms Act) where two co‑accused fired pistols, killing Rajiv Kumar. The petitioner contended that his name does not appear in the FIR and that the specific charge of firing rests on other accused. He had been in custody since 26‑11‑2025 and a charge‑sheet had already been filed. The State opposed bail, citing the seriousness of the offences. The Court, after considering the nature of the accusation and the period of custody, allowed the regular bail application, directing release on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail can be granted to an accused not named in the FIR but implicated during investigation for offences under Sections 302/34 IPC and Section 27 Arms Act
  • Whether the nature of the offences and period of custody justify denial of bail

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31565 of 2026
                   Arising Out of PS. Case No.-520 Year-2013 Thana- SHRIKRISHNAPURI District- Patna
                 ======================================================
                 Saurav Kumar @ Saurabh Kumar @ Chandan S/O Sri Saniv Kumar @
                 Sanjeev Kumar Singh @ Santosh Kumar Singh R/O Village- Indupur Ward
                 No. 24, P.S- Barahiya, District- Lakhisarai.
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Thakur, Advocate
                                                  Mr. Purushottam Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   14-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Petitioner seeks regular bail in connection with Sri

                   Krishna Puri P. S. Case No. 520 of 2013 registered for the

                   offences punishable under Sections 302/34 of the Indian Penal

                   Code and Section 27 of the Arms Act.

                                 3. As per the prosecution-case, on 29.12.2013 in the

                   night at about 23:15 hour, informant along with Kundan Kumar,

                   Chandan Kumar @ Lolu and driver Nitesh Kumar proceeded

                   with Rajiv Kumar from the government residence Quarter No. 1

                   of the then M.L.A. of Mokama to drop Rajiv Kumar Singh at

                   his rental flat at Shiv Vishnu Enclave, Anandpuri. They reached

                   at about 23:45 hour, got down from the vehicle and the driver

                   returned with the vehicle. Four persons entered in the lift and

                   pressed button for 3rd floor. The lift stopped near the floor and,

                   all of a sudden, those persons pulled out pistols and started
            Patna High Court CR. MISC. No.31565 of 2026(2) dt.14-05-2026
                                                        2/2




                      abusing the informant and others. Two of them, namely Bhola

                      Singh and Mukesh Singh fired indiscriminately from the pistol

                      towards Rajiv Kumar due to which he sustained bullet injury,

                      fell down and subsequently died.

                                   4. Learned counsel for the petitioner submits that

                      petitioner is not named in the F.I.R. and his name surfaced

                      during course of investigation. Specific accusation of firing is

                      against co-accused Bhola Singh and Mukesh Singh. Petitioner

                      is in custody since 26.11.2025 and charge-sheet has already

                      been submitted.

                                   5. However, learned A.P.P. for the State vehemently

                      opposed the bail application.

                                   6. Considering the nature of accusation and period of

                      custody, this bail application is allowed. The petitioner, above

                      named, is directed to be released on bail on furnishing bail bond

                      of Rs. 10,000/- (Ten thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Sub-Divisional

                      Judicial Magistrate, Patna in connection with Sri Krishna Puri P.

                      S. Case No. 520 of 2013.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


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