Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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