Patna High Court
Saurav Kumar @ Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed, and the petitioner is to be released on bail upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Saurav Kumar, sought relief from anticipated arrest in a criminal case (Pachmahla P.S. Case No. 7 of 2025) where he was charged under multiple provisions of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act for assaulting an informant and demanding extortion money. The allegations stem from a disturbance caused by local criminals, during which the petitioner allegedly entered the informant's house and assaulted the occupants. The petitioner applied for bail, arguing that he should be released pending trial. The Court examined the seriousness of the charges and the statutory provisions governing bail, particularly Sections 482 of the BNSS and 438(2) of the Code of Criminal Procedure, 1973. Finding no compelling reason to deny bail, the Court allowed the application, directing that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the usual conditions. The order also stipulated that the bail be granted if the petitioner surrenders within six weeks of the order.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 329(4), 109(1), 308(4), 308(5), 352, 351(2), 3(5) of the BNSS and Section 27 of the Arms Act.
- Whether the conditions prescribed under Section 482 of the BNSS and Section 438(2) of the CrPC are satisfied for granting bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 308(4), 308(5), 329(4), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2), 482
Subjects
- bail
- criminal procedure
- anticipatory bail
- assault
- extortion
- arms act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89835 of 2025
Arising Out of PS. Case No.-7 Year-2025 Thana- PACHMAHLA District- Patna
======================================================
Saurav Kumar @ Saurabh Kumar S/o Satish Singh @ Chhato Singh R/o
Village- Nauranga, P.S- Pachmalla, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the State : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Pachmahla P.S. Case No. 07 of 2025 instituted under
Sections 329(4), 109(1), 308(4), 308(5), 352, 351(2) and 3(5)
of the Bharatiya Nyaya Sanhita and Section 27 of the Arms
Act.
3. The allegation against the petitioner is that he
along with other co-accused went to the house of the informant
and assaulted him and her daughter and also demanded
extortion money.
4. The informant is the wife of the one criminal
Mukesh Singh who along with Anant Singh had caused
disturbance in the area because of which a large number of
Patna High Court CR. MISC. No.89835 of 2025(2) dt.04-02-2026
2/2
criminals led by Anant Singh gathered and fired in the village.
5. Considering the aforesaid facts, this application is
allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-III,
Barh/ concerned Court in connection with Pachmahla P.S. Case
No. 7 of 2025, subject to the conditions laid down in Section
482 of the BNSS/ 438(2) of the Code of Criminal Procedure,
1973.
(Sandeep Kumar, J)
P. Kumar
U T
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