Patna High Court
Saurav Kumar @ Saurabh Kumar @ ChandanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
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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