Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51240 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- BARHIYA District- Lakhisarai ====================================================== Gaurav Kumar S/O Upendra Singh Resident of Village - Barhiya, Ward No. 08, Nichali Thakurbadi, P.S. - Barhiya, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barhiya P.S. Case No. 100 of 2025 instituted for the offence under Sections 126(2), 115, 109(1), 132, 262 & 263 of the Bharatiya Nyaya Sanhita, 2023.

3.

On 13.05.2025, while in Barhiya Police Station lock-up, petitioner allegedly pushed a chaukidar serving tea, escaped custody, and assaulted the SHO. Both the SHO and chaukidar sustained injuries, leading to the present case. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-05-2025. Petitioner bears one criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.51240 of 2025(2) dt.11-08-2025 2/2 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it would manifest that the entire story appears to be fabricated and concocted. Learned counsel for the petitioner further submits that when the petitioner was at Barhiya Police Station, the petitioner was brutally assaulted by the informant and other police team due to malafide intention. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barhiya P.S. Case No. 100 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T