Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to surrender within eight weeks and compliance with the stipulated conditions.
Summary
The petitioner, Gaurav Kumar, sought bail fearing arrest in a case registered under Sections 126(2), 115(2), 109(1), 303(2), 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, relating to an alleged assault and robbery on 30 October 2025. The prosecution alleged that the petitioner, along with others, attacked an informant’s house with an iron rod, assaulted family members and snatched Rs.10,000. The petitioner contended that the dispute stemmed from a land disagreement between relatives, that the allegations were largely ornamental, and that he has a clean antecedent. The State opposed the bail application, emphasizing the seriousness of the offences. The Court, after considering the circumstances, ordered that bail be granted provided the petitioner surrenders within eight weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The bail order was made subject to the satisfaction of the concerned Judicial Magistrate.
Issues considered
- Whether bail should be granted to the petitioner despite the gravity of the offences alleged under the Bhartiya Nyaya Sanhita, 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- robbery
- land dispute
- relative parties
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7496 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- PIRI BAZAR District- Lakhisarai
======================================================
Gaurav Kumar son of Sanjay Singh R/o - Rampur, P.S - Piri Bazaar, District -
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 30-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 109(1),
303(2), 351(2), 352, 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on 30.10.2025, all the
F.I.R. named accused persons including this petitioner came to
the house of informant and assaulted informant and other family
members with iron rod and Khanti. This petitioner assaulted
uncle of informant with iron rod and also snatched Rs. 10,000/-
from his pocket.
4. Learned counsel for the petitioner submits that both
parties are own Gotiya and due to land dispute, Maarpeet took
place. There is general and omnibus allegation. There is
partition dispute between the parties. Informant is own cousin
Patna High Court CR. MISC. No.7496 of 2026(6) dt.30-06-2026
2/2
brother of petitioner and due to this reason, he has been dragged
in this case. Rest of the allegation is ornamental in order to
make the case grave. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
J.M. 1st Class, Lakhisarai, in connection with Piribazar P.S.
Case No. 179 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.