Gaurav Kumar @ Gaurav Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85964 of 2024 Arising Out of PS. Case No.-382 Year-2023 Thana- GOGRI District- Khagaria ====================================================== Gaurav Kumar @ Gaurav Yadav s/o Rajbali Yadav Village- Usri Ward no. 9, P.S.- Gogari, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate Mr. Ravi Ranjan Kumar, Advocate Mr. Rabindra Kumar, Advocate For the Opposite Party/s :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-04-2025 Heard Mr. Ramakant Sharma, learned Senior Counsel for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail in connection with Gogri P.S. Case No. 382 of 2023 for the alleged offences under Sections 341, 326, 302 and 120(B) of the Indian Penal Code.
3. The prosecution is to the effect that one Md. Ayub gave a written report alleging therein that his son namely Md. Sonu was done to death near simar cotton tree by miscreants who had given him a knife blow. As per the FIR, it has been stated that around 8 to 10 persons were standing there and the informant identified three out of those persons namely (1) Vishal (2) Ritesh (3) Gaurav Kumar@ Gaurav
Patna High Court CR. MISC. No.85964 of 2024(4) dt.21-04-2025 2/3 Yadav (petitioner).
4. The learned Senior Counsel for the petitioner submits that admittedly from the perusal of the FIR, it is evident that no specific allegation of Overt Act is against the petitioner. The informant has though named three persons in the FIR but has not named the person who had stabbed. The learned Senior Counsel further submits that there is no eye-witness to the occurrence and the petitioner carries clean antecedent and he is in custody since 19.07.2024. He has also stated that FIR named accused persons namely Md. Zubrail @ Meenu and Md Ulfat have been granted bail by a Co-ordinate Bench of this Hon'ble Court.
5. The learned APP for the State has opposed the prayer for bail and has stated that the petitioner is named in the FIR and there is an allegation of stabbing the son of the informant on his chest.
6. Considering the aforesaid submissions made by the parties and taking into account that there is no specific allegation against the petitioner and also the fact that the petitioner is in custody since 19.07.2024, let the petitioner
Patna High Court CR. MISC. No.85964 of 2024(4) dt.21-04-2025 3/3 be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 382 of 2023.
(Sourendra Pandey, J) Raj Ranjan/- U T