Patna High Court
Gaurav Kumar @ Chhotu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties and personal appearance conditions.
Summary
The petitioner, Gaurav Kumar, was arrested in connection with a violent assault, robbery and related offences alleged to have occurred at the informant's residence, where five masked assailants allegedly disrobed and filmed the victim. The prosecution’s case rests on the confessional statements of co‑accused Manas Kumar and Mousam Kumar, who identified the petitioner, and on the FIR filed under multiple sections of the B.N.S 2023. The petitioner argued that the charge sheet was later filed under different sections, that the co‑accused have already been granted bail, that the injuries to the informant’s mother are disputed, and that no electronic evidence of a video exists, making a speedy trial unlikely. The State opposed bail, citing the confessional statements and the petitioner’s alleged criminal antecedents, with the next evidentiary date fixed for 27‑02‑2026. The Court, noting the recent framing of charges, the bail of co‑accused, lack of substantive evidence and the improbability of a near‑term trial, ordered the petitioner’s bail on a Rs.10,000 bond with two sureties and conditions of personal appearance.
Issues considered
- Whether bail should be granted to the petitioner despite confessional statements of co‑accused naming him as the principal offender
- Whether the recent framing of charges and lack of substantive evidence justify bail
- Whether the petitioner’s alleged criminal antecedents preclude bail
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 305, 329(3), 329(4), 3(5), 351(2), 351(3), 352, 61(2), 76, 77
Subjects
- bail
- criminal procedure
- confessional statement
- charge framing
- trial delay
- assault
- robbery
- video evidence
- surety bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65839 of 2025
Arising Out of PS. Case No.-1082 Year-2024 Thana- SAHARSA SADAR District- Saharsa
======================================================
Gaurav Kumar @ Chhotu Yadav S/o- Bhupendra Yadav Village- Inderva
W.No-5, Ps- Saur Bazar Dist- Saharsa P/A- Batraha W.No-36, Ps- Saharsa
Sadar Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Aditya Raj, Advocate
Mr. Prashant Kumar Singh, Advocate
For the Opposite Party/s : Md. Iftekhar Mahmood, A.P.P.
For the Informant : Mr. Rajesh Kumar Dubey
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 24-02-2026 Heard Mr. N.K Agrawal, the learned senior counsel for
the petitioner assisted by Mr. Aditya Raj and the learned APP for the
State and Mr. Rajesh Kumar Dubey, the learned counsel appearing
for the informant.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 329 (3), 329 (4), 126 (2), 115 (2),
61 (2), 109, 76, 77, 305, 352, 351 (2) (3) and 3 (5) of B.N.S 2023.
3. As per the prosecution case, when the informant was at
home, in the meantime, someone knocked at the door and when she
opened the door, five unknown miscreants covering their faces on the
point of pistol, disrobed her and made video clip and on protest they
assaulted the informant and her family members and looted
Patna High Court CR. MISC. No.65839 of 2025(4) dt.24-02-2026
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household articles, cash and mobile phones.
4. Learned senior counsel for the petitioner submits that
although the case was instituted under Section 109 and other
sections of the B.N.S. However, subsequently after investigation
charge sheet was not submitted under Section 109 but under other
sections. Subsequently, cognizance was taken under the aforesaid
sections and charges were also framed thereunder. It is further
submitted that the First Information Report was lodged against
unknown accused persons who had come with concealed identity and
the name of the petitioner surfaced during the course of investigation
upon the confessional statement of co-accused Manas and Mousam,
who were identified in the C.C.T.V footage. However, it has been
pointed out that both Manas Kumar and Mousam Kumar have been
granted bail by Co-ordinate Bench of this Court vide order dated
29.08.2025 passed in Cr. Misc. No. 24201 of 2025 and Cr. Misc. No.
9770 of 2025 respectively. It is further submitted that the injury
report of the informant indicates lacerated wound and swelling etc.
which are stated to be simple in nature while the mother of the
informant has suffered grievous injury due to land trauma or fall
from higher site. Attention has also been drawn to paragraphs 78, 79
and 80 of the case diary wherein independent witnesses have been
examined and they have clearly stated that the entire story of the
informant’s mother being thrown from the roof top is absolutely false
and if such an incident would have occurred, it would have been
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known to them. Further, the allegation of making some objectionable
video viral is also not supported by any electronic/scientific evidence
collected during the course of investigation. Petitioner is in custody
since 18.04.2025 and charges have been framed on 05.02.2026 itself
with no witnesses being examined till date, as such, there is no
likelihood of conclusion of trial in near future.
5. Learned APP for the State and the learned counsel for
the informant, however, strongly oppose the bail petition on the
ground that according to confessional statement of co-accused
persons petitioner is the main person who was leading the attack and
he also has criminal antecedent and the next date fixed for evidence
is 27.02.2026 and, as such, the petitioner does not deserve to be
released on bail.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that the name of the petitioner
transpired in the confessional statement of two co-accused Manas
and Mousam who were identified in the CCTV footage and they have
been granted bail by a co-ordinate bench of this Court, coupled with
the fact that charges have only be framed on 05.02.2026, there being
no likelihood of conclusion of trial in near future, the above named
petitioner is directed to be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Saharsa Sadar
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P.S. Case No. 1082 of 2024, subject to the condition that :
(i) The petitioner shall remain physically present in court
on each and every date during trial and in the event of failure on two
consecutive dates without sufficient reasons, his bail bonds shall be
liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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