Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nyaya Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 120B, 302
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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