Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Gaurav Kumar, was charged under Sections 461 and 379 of the Indian Penal Code for alleged robbery and theft from his shop on 10 May 2024, with CCTV footage purportedly identifying him. He applied for regular bail, claiming innocence and noting that no incriminating material was recovered from his possession. He had been in custody since 26 July 2025 and the prosecution opposed the bail. The court considered the period of custody, the nature of the offences, and the lack of material evidence against the petitioner. Finding no compelling reason to deny bail, the court allowed the application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties. The petitioner was ordered to be released on bail pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite being in custody for the offences under Sections 461 and 379 IPC.
Legislation cited
- Indian Penal Code — s. 379, 461
Subjects
- regular bail
- robbery
- theft
- IPC
- Section 461
- Section 379
- custody
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87222 of 2025
Arising Out of PS. Case No.-321 Year-2024 Thana- NAGAR District- Vaishali
======================================================
Gaurav Kumar Son of Arun Rai @ Arun Kumar Ray R/o Village - Jadhua,
Gardaniya Chowk, Ward no. 39, P.S. - Town Hajipur, Dist. - Vaishali, Bihar,
844101.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar , Advocate
Mr. Aditya Raj singh, Advocate
Mr. Anand Nitin, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in case registered for
the offences punishable under Sections 461 and 379 of IPC .
3. The prosecution case, in brief, is that on
10.05.2024 , when informant went to his shop, he saw that back
door of his shop was opened, and he found that Rs. 20,000/-,
some goods and important documents were stolen from his
shop . It is further alleged that this petitioner along with other
co-accused persons were involved in this case and they were
also identified in the CCTV footage .
4. It is submitted on behalf of this petitioner that
Patna High Court CR. MISC. No.87222 of 2025(2) dt.27-01-2026
2/2
petitioner is innocent and has committed no offence as alleged.
No incriminating materials has been recovered from the
possession of this petitioner. Petitioner is in custody since
26.07.2025 . Chargesheet has already been submitted.
5 . Learned A.P.P. for the State vehemently opposes
the bail application .
6. Considering the aforesaid facts, period of custody
and other circumstances of the case , the bail application is
allowed. Let the above named petitioner 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 learned
Principal District & Sessions Judge Vaishali in connection with
Hajipur Town P. S. Case No. 321 of 2024 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…