Gaurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34121 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- SARAI District- Vaishali ====================================================== Gaurav Kumar S/o Surendra Ray R/o Village- Matiyara Toke, P.S.- Sarai, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudal Singh, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with G.R. No. 581/2025 arising out of Sarai P.S. Case No. 13/2025 registered for the offences under Sections 103(1), 351(1) and 3(5) of Bhartiya Nyaya Sanhita.
3. As per the prosecution case, the informant namely Pramila Devi stated that co-accused namely Surendra Ray and his two sons namely Krishna Deo Kumar and Gaurav Kumar (petitioner) came on a motorcycle and started abusing the husband of the informant. It is further submitted that the accused namely Surendra Ray and the petitioner hit the husband of the informant with the butt of pistol and subsequently, the coaccused Surendra Ray took out a knife and stabbed the husband
Patna High Court CR. MISC. No.34121 of 2025(2) dt.29-05-2025 2/3 of the informant on the abdomen causing grievous injury and during the course of treatment, the husband of the informant died.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Learned counsel further submits that there is no specific allegation of overt act against the petitioner and rather the specific allegation of assaulting the husband of the informant was on Surendra Ray by knife. Learned counsel further submits that though there are three criminal cases against him, but they are under Excise Act and the petitioner is in custody since 25.01.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and has stated that the petitioner along with his father namely Surendra Ray have assaulted the husband of the deceased.
6. Considering the aforesaid facts and circumstances of the case and taking into account that there is no specific allegation of overt act against the petitioner, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief
Patna High Court CR. MISC. No.34121 of 2025(2) dt.29-05-2025 3/3 Judicial Magistrate-X, Vaishali at Hajipur in connection with G.R. No. 581/2025 arising out of Sarai P.S. Case No. 13/2025 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.
d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) tusharika/- U T