Patna High Court

Gaurav KumarversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail is granted to the petitioner.

Summary

The petitioner, Gaurav Kumar, was arrested in connection with an FIR alleging assault and firing on an informant's son, under Sections 140(1) and 3(5) of the Bihar Narcotic Substances Act, 2023, Section 27 of the Arms Act and later Sections 103(1) and 238 of the same Act. The petitioner contended that the FIR was contradicted by the post‑mortem report, which showed only a blunt‑force injury, and pointed out that co‑accused had already been granted bail. The State opposed the bail application. Considering the general nature of the accusations, the material evidence, the parity with co‑accused who were released, and the length of custody, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the serious charges under the B.N.S. and Arms Act.
Whether the post‑mortem report creates reasonable doubt sufficient to justify bail.
Whether the petitioner poses a risk of fleeing or tampering with evidence.

Legislation cited

Arms Act — s. 27
Bihar Narcotic Substances Act, 2023 — s. 103(1), 140(1), 238, 3(5)

Subjects

bail
criminal procedure
Arms Act
Bihar Narcotic Substances Act
post‑mortem report
evidence
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.39 of 2026
                     Arising Out of PS. Case No.-149 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Gaurav Kumar S/o Bhupendra Yadav Resident of Village- Phulmalik, P.S.-
                 Sahebpur Kamal, Dist.- Begusarai

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Shubhesh Pandey, Advocate
                 For the State          :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 140(1) and 3(5) of the

                   B.N.S., 2023 and Section 27 of the Arms Act and later on,

                   Sections 103(1) and 238 of the B.N.S. were added.

                                3. As per prosecution case, it is alleged that this

                   petitioner, along with other F.I.R. named accused persons,

                   assaulted informant and the deceased (Rakesh Kumar) and also

                   on the instruction of co-accused Sita Devi, this petitioner, along

                   with other co-accused persons, opened fire and assaulted son of

                   informant with butt of pistol.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.39 of 2026(2) dt.13-02-2026
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          petitioner is quite innocent and has committed no offence. As

          per F.I.R., this petitioner, along with other five co-accused

          persons, is alleged to have fired and assaulted son of informant

          with butt of pistol, but in the post mortem report, only one injury

          has been found on the person of deceased, caused by hard &

          blunt substance. Thus, F.I.R. stands contradicted by the post

          mortem report. Similarly situated co-accused, namely Raushan

          Kumar, Prashuram Kumar and Tikkar Yadav have already been

          granted bail by this Court, vide order dated 04.12.2025 passed

          in Cr. Misc. No. 84548 of 2025, order dated 27.01.2026 passed

          in Cr. Misc. No. 86193 of 2025 and order dated 30.01.2026

          passed in Cr. Misc. No. 87994 of 2025. Petitioner is in custody

          since 25.05.2025. Charge-sheet has already been submitted.

                       5. Learned A.P.P. for the State opposes the prayer for

          bail.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, materials that

          have surfaced during course of investigation, claim based on

          parity and period of custody, the prayer for grant of bail to the

          petitioner is allowed.

                       7. Accordingly, let the above named petitioner be

          released on bail on furnishing bail-bond of Rs. 10,000/- (ten
             Patna High Court CR. MISC. No.39 of 2026(2) dt.13-02-2026
                                                         3/3




                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned District and Additional Sessions Judge-II,

                       Begusarai in connection with Sahebpur Kamal P.S. Case No.

                       149 of 2025.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T

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