Patna High CourtCR. MISC./86179/2025bail granted

Gaurav Kumar v. The State Of Bihar

2026-01-09Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86179 of 2025 Arising Out of PS. Case No.-93 Year-2025 Thana- Patarghat District- Saharsa ====================================================== Gaurav Kumar, S/O Ajay Kumar Yadav, R/O Village- Shishwa (Matihani), Ward No.-03, P.S.- Raghuvanshnagar, Distt.- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-01-2026

1. Heard Mr. Kumar Praveen, learned counsel for the petitioner and Mr. Ganesh Prasad Singh, learned APP for the State.

2. The petitioner seeks regular bail in connection with Patarghat P. S. Case No. 93 of 2025, dated 03.08.2025 registered for the offences punishable under Section 309(6) of the B.N.S. and Section 27 of the Arms Act.

3. The main submissions advanced by the petitioner's counsel are that though the instant matter relates to the alleged loot of Rs. 9,10,000/- but the petitioner has been falsely made an accused mainly on the basis of the confessional statement made by the co-accused Babloo Kumar, revealing the petitioner's role in the alleged crime but the said confessional statement has no evidendtiary value, the petitioner bears no criminal antecedent

Patna High Court CR. MISC. No.86179 of 2025(2) dt.09-01-2026 2/3 and his past is completely clean and he has been languishing in jail since 05.08.2025. It is further submitted that the petitioner has not been put on test identification parade before the materials witnesses by the police till date moreover the petitioner has no connection with the vehicle allegedly used in the commissionof the offence, thus, there is no admissible evidence to show the petitioner's involvement in the alleged crime of loot. It is lastly submitted that the main accused Babloo Kumar in whose confessional statement the petitioner's name surfaced, has already been granted bail by the coordinate bench of this court vide order dated 15.12.2025 passed in Cr. Misc. No. 84205 of 2025.

4. Though, learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepts that against the petitioner there is no material except the confessional statement of the co-accused and against him the investigation has been completed.

5. In the facts and circumstances of this case and considering the aforesaid submissions and averments made in this petition, mainly coupled with the petitioner's aforesaid defence as well as his young age and the completion of investigation against him, this court is inclined to release him on

Patna High Court CR. MISC. No.86179 of 2025(2) dt.09-01-2026 3/3 bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Patarghat P. S. Case No. 93 of 2025 on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T