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Patna High Court

Gaurav Kumar @ Gaurav Kumar Singh @ Gaurav SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Gaurav Kumar, sought anticipatory bail after being implicated in a FIR alleging firing of firearms that injured two persons and the alleged theft of a motorcycle, with offences under Sections 109(1), 303(2), 3(5) of the Bhartiya Nyay Sanhita and Section 27 of the Arms Act. The petitioner argued that the FIR was false, stemming from a land dispute, and that the informant did not specify who fired the shots. The State highlighted the petitioner’s prior case, the seriousness of the alleged firearm injuries, and the presence of unknown accused, contending that bail would impede investigation. The Court examined the seriousness of the allegations, the presence of a dangerous weapon, and the lack of a clear identification of the shooter. Concluding that the case was not suitable for anticipatory bail, the Court rejected the petitioner's application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the alleged offences involving firearms and injury.
  • Whether the lack of specific identification of the shooter and the existence of a land dispute affect the grant of anticipatory bail.
  • Whether the petitioner’s antecedent case influences the decision on bail.

Legislation cited

Subjects

  • anticipatory bail
  • firearm injury
  • land dispute
  • criminal procedure
  • Bhartiya Nyay Sanhita
  • Arms Act
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41876 of 2026
                       Arising Out of PS. Case No.-168 Year-2026 Thana- GOPALPUR District- Patna
                 ======================================================
                 Gaurav Kumar @ Gaurav Kumar Singh @ Gaurav Singh S/o Uday Singh R/o
                 Village - Bairiya Karnpura, Sampatchak, P.S - Gopalpur, District - Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-06-2026                  1. Heard learned Senior counsel for the petitioner, Mr.

                   Rajendra Narain and learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 109(1),

                   303(2), 3(5) of the Bhartiya Nyay Sanhita and 27 of the Arms

                   Act.

                                3. Learned Senior counsel appearing on behalf of the

                   petitioner submits that petitioner has antecedent of one case and

                   the informant alleges that on 06.04.2026 at about 09:00 a.m. he

                   along with sons Avinash and Amit and neighbour Jitendra had

                   gone to inspect on going construction work were being carried

                   out on his plot at Mouza Pahari, further at 10:00 a.m. when they

                   were returning from the plot, accused Uday along with his sons

                   Gaurav and Ujjwal and four unknown accused started
Patna High Court CR. MISC. No.41876 of 2026(2) dt.25-06-2026
                                            2/3




          indiscriminate firing from a distance of 30 metres, causing

          firearm injury on thigh of informant and Jitendra suffered fire

          arm injury on his stomach, while petitioner took away the

          motorcycle of Jitendra.

                       4. Learned Senior counsel appearing on behalf of the

          petitioner submits that petitioner has been falsely implicated in

          the instant case by the informant, it is next submitted that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that though informant alleges that he received firearm injury

          along with Jitendra, but then does not specifically alleged who

          fired, it is next submitted that the case is to be appreciated in

          backdrop of a land dispute, it is next submitted that the land on

          which the petitioner claims to have gone for seeing the ongoing

          construction was purchased by Uday on 30.03.2026 in the name

          of his wife from Urmila Devi, as such, there was no occasion for

          the petitioner and his family members to indulge in such an

          occurrence when the land in dispute in the instance case was

          purchased in the name of his mother prior to the occurrence.

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

          the anticipatory bail application and submits that petitioner has

          antecedent of one case, it is next submitted no doubt specific

          allegation of firing is not alleged, but then what is not in dispute
               Patna High Court CR. MISC. No.41876 of 2026(2) dt.25-06-2026
                                                           3/3




                         rather stands admitted from the allegation and the injury report

                         annexed with the anticipatory bail application is that two

                         persons suffered firearm injury though the injury has been

                         opined to be simple in nature, but then firearm is a dangerous

                         weapon and since two persons have suffered fire arm injury and

                         allegation is against the accused persons named in the FIR along

                         with unknown accused of firing and investigation is continuing,

                         as such, it is not a fit case for grant of anticipatory bail.

                                      6. Considering the submissions made by the learned

                         APP for the State, the Court is not inclined to extend the

                         privilege of anticipatory bail to the petitioner.

                                      7. Accordingly,         the     instant   anticipatory   bail

                         application stands rejected.



                                                   (Satyavrat Verma, J)
Nitesh/-

U          T


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