Patna High Court
Saurav Kumar @ Saurav Yadav @ Saurav Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the seriousness of the offences and the commencement of trial preclude granting regular bail.
Summary
The petitioner, Saurav Kumar, was arrested in connection with a robbery and assault case (Pandaul PS Case No. 252 of 2024) involving the theft of a bag containing Rs. 40,000, a motorcycle, and a mobile phone, and the shooting of the informant's left thigh. He is charged under Sections 309(6), 310(2), 61(2), 311 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner applied for regular bail for the second time, claiming a clean antecedent and that the stolen items have been recovered from his possession. The court noted that the charge has been framed, three of ten witnesses have been examined, and the trial has commenced, emphasizing the gravity of the offences. Consequently, the court declined to overturn its earlier order and dismissed the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the commencement of trial and the gravity of the charges justify denial of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6), 310(2), 311, 61(2)
Subjects
- bail
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- gravity of offence
- trial commencement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87592 of 2025
Arising Out of PS. Case No.-252 Year-2024 Thana- PANDAUL District- Madhubani
======================================================
Saurav Kumar @ Saurav Yadav @ Saurav Kumar Yadav S/o Manoj Yadav @
Manoj Kumar Yadav R/o Village - Mohanpur Sripur Hati, P.S - Pandaul,
District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Adv
Mr. Gayandev Yadav, Adv
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Pandaul P.S.Case
No.252 of 2024 registered for the offence punishable under
Section 309(6), 310(2), 61(2), 311 of B.N.S and section 27 of
the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 23.04.2025 passed in Cr. Misc.
No.21485 which reads as under:-
“ Heard the learned counsel
for the parties.
2. The petitioner seeks regular bail in
connection with Pandaul P.S.Case No. 252
of 2024 registered for the offence under
Patna High Court CR. MISC. No.87592 of 2025(2) dt.11-02-2026
2/2
Sections 309(6) of the Bharatiya Nyaya
Sanhita 2023 was added.
3. Four miscreants riding on two
motorcycles stopped the motorcycle of the
informant and snatched his bag containing
Rs. 40,000/-. They pushed down the
informant and shot at his left thigh.
Miscreants took away motorcycle, bag and
mobile phone of the informant.
4. The petitioner is in custody since
16.11.2024 and claims clean antecedent.
The looted motorcycle and the mobile
phone have been recovered farom the
possession of the petitioner.
5. Considering the aforesaid facts and
circumstances, I am not inclined to grant
bail to the petition.
6. Accordingly, this application for regular
bail is hereby rejected. “
4. Learned counsel for the petitioner submits that the
charge has been framed and out of 10 witnesses 3 witnesses
have been examined.
5. Considering the gravity of the offence and the fact
that the trail has started, I am not inclined to review my earlier
order.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
N.K/-
U
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