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Patna High Court

Gaurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail in the murder case.

Summary

The petitioner, Gaurav Kumar, was arrested in connection with a murder case (Sections 302 and 120B IPC) and has been in custody since 13 June 2025. He sought bail, arguing that the allegations against him were vague and that specific fatal knife‑injury allegations were directed at a co‑accused, Ajeet Kumar. The petitioner also highlighted that other co‑accused had already been granted bail, invoking parity, and that the investigation was complete, eliminating any risk of evidence tampering. The State opposed the bail. The Court, noting the general nature of the accusations, the completed investigation, the petitioner’s clean antecedents, and the precedent of bail to similarly situated co‑accused, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 437(3) CrPC and Section 480(3) B.N.S.S.

Issues considered

  • Whether bail should be granted to an accused of murder and criminal conspiracy under Sections 302 and 120B IPC.
  • Whether the general and omnibus nature of the allegations against the petitioner, contrasted with specific allegations against a co‑accused, justifies bail.
  • Whether the completion of investigation and lack of risk of evidence tampering warrant bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Section 302
  • Section 120B
  • parity
  • general allegations
  • investigation completed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89962 of 2025
                      Arising Out of PS. Case No.-980 Year-2023 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Gaurav Kumar, S/o Ramashish Mahto, R/o Village-Chhoti Pahari Rashida
                 Chak, P.S.- Agamkuan, Dist.- Patna
                                                                         ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanoj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-01-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. for the State.

                               2. Petitioner seeks bail in connection with Agamkuan

                   P.S. Case No. 980 of 2023 registered for the offences under

                   Sections 302/120B of the Indian Penal Code.

                               3. The petitioner is named in the First Information

                   Report and is in custody since 13.06.2025.

                               4. Allegation against the petitioner is to commit

                   murder of son of the informant alongwith other named co-

                   accused persons by inflicting knife injury, where alleged

                   occurrence took place during picnic party.

                               5. It is submitted by learned counsel appearing on

                   behalf of the petitioner that allegation qua physical assault is
Patna High Court CR. MISC. No.89962 of 2025(2) dt.09-01-2026
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          very much general and omnibus against the petitioner, where

          specific allegation to give fatal knife injury is available against

          co-accused Ajeet Kumar @ Bholi Kumar. It is pointed out that

          similarly situated co-accused persons namely, Lav Kumar and

          Sonu Kumar @ Saimand have already granted bail by learned

          coordinate Benches of this Court through Cr. Misc. No. 54129

          of 2024 dated 29.08.2024 and Cr. Misc. No. 38735 of 2024

          dated 26.07.2024 respectively, therefore, on the ground of

          parity, this petitioner deserves to be enlarged on bail. While

          concluding argument, it is submitted that investigation of this

          case is completed and, as such, there is no chance of

          tampering with the evidence and, moreover, this petitioner is

          a man of clean antecedent.

                      6. Learned A.P.P. for the State has opposed the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances, as the

          allegation is appearing very much general and omnibus

          against this petitioner, where specific allegation as to cause

          fatal knife injury is available against co-accused Ajeet Kumar

          @ Bholi Kumar, coupled with the fact that petitioner is in
           Patna High Court CR. MISC. No.89962 of 2025(2) dt.09-01-2026
                                                       3/3




                     custody since 13.06.2025, where investigation of this case is

                     already completed, accordingly, above-named petitioner is

                     directed to be released on bail, furnishing bail bond of Rs.

                     10,000/- (Rupees Ten Thousand only) with two sureties of

                     the like amount each to the satisfaction of learned A.C.J.M.-

                     IV, Patna City/concerned court, in connection with Agamkuan

                     P.S. Case No. 980 of 2023, subject to the condition as laid

                     down under Section 437 (3) Cr.P.C/Section 480(3) of the

                     Bhartiya Nyaya Suraksha Sanhita (in short “B.N.S.S.”).


                                                             (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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