Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24774 of 2026 Arising Out of PS. Case No.-404 Year-2025 Thana- FATUA District- Patna ====================================================== Gaurav Kumar Son of Late Jaichand Mahto Resident of Village - Yarpur, P.S.- Hilsa, District - Nalanda, Bihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagadeo Choubey, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Fatuha P.S. Case No.404 of 2025 registered for the offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita. .

3. The case of the prosecution, in short, is that the informant has parked his bike before his door. When he came out of his house, he did not find his bike.

4. Learned counsel appearing on behalf of the petitioner has submitted that the case was lodged against unknown miscreants. Learned counsel for the petitioner has further submitted that during course of investigation the

Patna High Court CR. MISC. No.24774 of 2026(2) dt.16-04-2026 2/3 petitioner was remanded in this case from Fatuha P.S. Case No. 446 of 2025 and in that case the petitioner has given his confessional statement and on the basis of that confessional statement, a stolen bike was recovered from the house of the petitioner. Learned counsel for the petitioner has further submitted that the recovery has been made while the petitioner was in custody. It has further been submitted that in this case charge-sheet has been filed and is triable by Judicial Magistrate. Learned counsel for the petitioner has further submitted that the petitioner is in judicial custody since 29.07.2025.

5. The application for bail is opposed by learned APP for the State. Learned APP has further submitted that the petitioner is having criminal antecedent of seven cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall co-operate in the trial and shall remain physically present on each and every date in the trial court. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to

Patna High Court CR. MISC. No.24774 of 2026(2) dt.16-04-2026 3/3 the satisfaction of the court of learned ACJM-II, Patna City in connection with Fatuha P.S. Case No.404 of 2025. (Ashok Kumar Pandey, J) durgesh/- U T