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Patna High Court

Saurav Kumar @ Saurav Yadav @ Saurabh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to monetary and procedural conditions.

Summary

The petitioner, Saurav Kumar, was arrested in connection with a case (Rajoun P.S. Case No. 619 of 2024) alleging offences under Sections 308(2), 352, 351(2) and 3/5 of the Bharatiya Nyaya Sanhita, 2023, stemming from an incident where the informant reported that accused persons fired a bullet and threatened him. The petitioner’s counsel argued that he was falsely implicated, that the allegations were vague, no incriminating material was found on him, and that he had no direct involvement, despite having eight prior criminal cases and being in custody since 19‑08‑2025. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedents. The Court, after weighing the lack of specific evidence against the petitioner and the period of custody already served, decided to grant bail with a bond of Rs. 15,000 and two sureties, imposing conditions regarding family surety, regular court appearances, and non‑tampering with evidence or witnesses. The bail order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita and his prior criminal antecedents
  • Whether the evidence against the petitioner is sufficient to justify continued detention
  • Whether the conditions imposed are adequate to ensure the petitioner’s compliance with the trial process

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • prior criminal antecedents
  • Bharatiya Nyaya Sanhita
  • evidence tampering
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90672 of 2025
                        Arising Out of PS. Case No.-619 Year-2024 Thana- RAJAON District- Banka
                 ======================================================
                 Saurav Kumar @ Saurav Yadav @ Saurabh Kumar S/o- Sadanand Yadav
                 Resident of Kaitha P.S- Rajoun Dist- Banka

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Rajoun

                   P.S. Case No. 619 of 2024 instituted for the offences under

                   Sections 308(2), 352, 351(2), 3/5 of the Bharatiya Nyaya

                   Sanhita, 2023.

                               3. Prosecution case, in short, is that the informant,

                   while preparing to sleep after dinner, was abused by the accused

                   persons who gathered in front of his house; upon looking out, he

                   saw them firing a bullet, and on alarm being raised, the accused

                   fled away after issuing threats.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. There
Patna High Court CR. MISC. No.90672 of 2025(2) dt.13-01-2026
                                            2/3




          is no specific allegation against the petitioner. The allegation

          against the accused persons is general and omnibus in nature.

          No incriminating article has been recovered from the conscious

          possession of the petitioner. Learned counsel further submitted

          that petitioner has got no concern with the alleged occurrence. It

          has been submitted on behalf of the petitioner that the petitioner

          is in custody since 19.08.2025 and has eight criminal

          antecedents.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Rajoun P.S. Case

          No. 619 of 2024, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.90672 of 2025(2) dt.13-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                  (III) If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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