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Patna High Court

Saurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the prosecution failed to produce material evidence against the petitioner, and only suspicion existed.

Summary

The petitioner, Saurav Kumar, was arrested in connection with a case registered under Sections 109 and 61(2) of the BNS and Section 27 of the Arms Act, after an informant was shot by unknown assailants. The prosecution alleged his involvement but presented no material evidence linking him to the crime, only suspicion. The petitioner, who has been in custody since 12‑Nov‑2025, claimed a clean antecedent and asserted false implication. The court examined the lack of substantive proof and, noting the petitioner’s clean record, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to verification of his antecedent. The order also directed the lower court to reject the bail bond if any other pending case is discovered.

Issues considered

  • Whether bail should be granted when the prosecution’s case is based solely on suspicion without material evidence.
  • Whether the offences under Sections 109, 61(2) of the BNS and Section 27 of the Arms Act justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • suspicion
  • antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7090 of 2026
                      Arising Out of PS. Case No.-2 Year-2025 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Saurav Kumar Son fo Ajay Kumar Singh Resident of Village - Makhandpur,
                 P.S.- Gaighat, District - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Krishna Kant Singh
                 For the Opposite Party/s :        Mr.Uma Shankar Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   26-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Gaighat P.S. Case No. 02 of 2025 registered for the offence

                   under Sections 109, 61(2) of BNS and under Section 27 of the

                   Arms Act.

                                   3. As per the prosecution case, the informant was

                   fired upon by unknown criminals. The name of the petitioner

                   has come as a suspect.

                                   4. The petitioner is in custody since 12.11.2025 and

                   he claims to have clean antecedent.

                                   5. Learned counsel for the petitioner submits that

                   the petitioner is innocent and he has falsely been implicated in

                   this case. He further submits that during investigation, no
          Patna High Court CR. MISC. No.7090 of 2026(3) dt.26-03-2026
                                                      2/2




                    material has come against the petitioner to connect him with the

                    alleged crime.

                                    6. Considering the fact that except for suspicion,

                    there is no material against the petitioner, this application is

                    allowed.

                                    7. Let the petitioner, above named, 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           Judicial          Magistrate-1st   Class,

                    Muzaffarpur/concerned Court below in connection with Gaighat

                    P.S. Case No. 02 of 2025.

                                  8. As the petitioner claims to have clean antecedent,

                    the Court below, before accepting the bail bonds of the

                    petitioner is directed to verify the antecedent of the petitioner. If

                    the petitioner is found to be involved in any other case then the

                    bail bonds of the petitioner shall not be accepted.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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