Patna High Court
Priyanshu Gaurav @ HappyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions prescribed under Section 480(3) of the Bihar Negotiable Instruments Act, 2023.
Summary
The petitioner, a 19‑year‑old law student, was arrested in connection with a case alleging that he conspired with his father, a driver, to abscond with Rs 90 lakh entrusted for transport to Kolkata. The prosecution claimed the amount was recovered at the petitioner's and his father's instigation, while the petitioner asserted he was falsely implicated to pressure his father. He had been in custody since 13 July 2025 and a charge‑sheet had been filed; he also had one prior case. The State opposed bail, citing the seriousness of the alleged offences under Sections 318(4), 316(2), 61(2) and 3(5) of the Bihar Negotiable Instruments Act, 2023. The court, after considering the facts, the petitioner’s youth, lack of direct recovery from him, and the charge‑sheet, granted bail on a Rs 10,000 bond with two sureties, imposing conditions under Section 480(3) of the same Act.
Issues considered
- Whether bail should be granted to the petitioner under Section 480(3) of the Bihar Negotiable Instruments Act, 2023 given the nature of the alleged offences and his period of custody.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the petitioner’s antecedent case impacts the grant of bail.
Subjects
- bail
- criminal procedure
- theft
- conspiracy
- minor
- antecedent case
- Section 480(3)
- Bihar Negotiable Instruments Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89956 of 2025
Arising Out of PS. Case No.-460 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Priyanshu Gaurav @ Happy, S/O Abhishek Gaurav, R/O Village- Kamla
Chandel Shahpur, P.S- Town Thana, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Anand, Advocate
For the Opposite Party/s : Mr.Binod Kumar No.3, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Kadamkuan P.S. Case No. 460 of 2025,
registered for the alleged offence under Sections 318(4), 316(2),
61(2), 3(5) of BNS, 2023.
3. As per prosecution case, the father of the petitioner,
working as driver of the informant, was entrusted with cash
amount of Rs.90 lacs to be taken to Kolkata. But he in
conspiracy with this petitioner, fled away with the amount of
Rs.90 lacs.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is 19 years old law student and pursuing BA
Patna High Court CR. MISC. No.89956 of 2025(3) dt.20-02-2026
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LLB from Law College, Dhanbad. He has been named in this
case only to pressurize his co-accused father. The recovery has
been made from the house of one Gautam Kumar and not from
this petitioner or the co-accused. Though it has been alleged that
it was recovered at the instance of co-accused and this petitioner
but the recovery could not be a joint disclosure. The petitioner is
in custody since 13.07.2025 and charge sheet has been
submitted. The petitioner is having antecedent of one case.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner. The learned APP submits that
recovery has been made at the instance of the petitioner and his
co-accused father.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and period of custody of the petitioner along
with submission of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned JMFC-XIV, Patna/court
concerned in connection with Kadamkuan P.S. Case No. 460 of
2025, subject to the conditions mentioned in Section 480(3) of
BNSS and the following conditions:
Patna High Court CR. MISC. No.89956 of 2025(3) dt.20-02-2026
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(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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