Patna High Court
Gaurav Kumar @ Golu @ Gourav Kumar @ GauravversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Gaurav Kumar, was arrested in connection with a kidnapping case registered as Fatuha Police Station Case No. 379/2025, alleged to be punishable under Sections 137(2) and 87 of the B.N.S. The prosecution alleged that the petitioner kidnapped the victim, while the petitioner claimed innocence, asserting that he and the victim were in a consensual relationship and that he had been falsely implicated. The petitioner, who has a prior criminal record, had been in custody since 06-06-2025 and sought regular bail, offering to cooperate with the trial. The State, represented by the Additional Public Prosecutor, opposed the bail application. After considering the facts, the court found no compelling reason to deny bail and ordered the petitioner’s release on bail with a cash bond of Rs.10,000 and two sureties of the same amount. The order directed the bail to be effected by the Additional Chief Judicial Magistrate, Patna City.
Issues considered
- Whether the petitioner is entitled to regular bail despite the kidnapping allegation under Sections 137(2) and 87 of the B.N.S.
- Whether the petitioner’s prior criminal antecedent and the nature of the offence preclude the grant of bail
Legislation cited
- B.N.S. — s. 137(2), 87
Subjects
- bail
- kidnapping
- regular bail
- Section 137(2)
- Section 87
- B.N.S.
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.323 of 2026
Arising Out of PS. Case No.-379 Year-2025 Thana- FATUA District- Patna
======================================================
Gaurav Kumar @ Golu @ Gourav Kumar @ Gaurav S/o Manoj Kumar @
Manoj Prasad Resident of village- Mirjapur (Gorakhpur), Nohta, Police
Station- Fatuha, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Awadhesh Kumar, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Fatuha
P.S. Case No. 379/2025 registered for the offences punishable
under Sections 137(2)/ 87 of B.N.S.
3. As per the prosecution case, petitioner is accused of
kidnapping the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that from the
statement of the victim, it appears that the petitioner and the
victim were in a relationship. Petitioner has one criminal
antecedent and he is in custody since 06.06.2025. The petitioner
Patna High Court CR. MISC. No.323 of 2026(4) dt.24-03-2026
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undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate
Ii, Patna City /concerned Court below in connection with
Fatuha P.S. Case No. 379/2025.
(Sandeep Kumar, J)
tusharika/-
U
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