Patna High Court
Saurav Kumar @ Saurav Yadav @ Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 308(2), 3/5, 351(2), 352
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
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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
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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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