Sourav Kumar @ Gavrabh Kumar @ Gourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2435 of 2026 Arising Out of PS. Case No.-399 Year-2024 Thana- RAJAON District- Banka ====================================================== Sourav Kumar @ Gavrabh Kumar @ Gourav Kumar son of Sadanand Mandal @ Sadanand Yadav Resident of Village - Mirzapur, PS- Barahat, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Rajoun P.S. Case No. 399 of 2024 instituted for the offence under Sections 309(4) & 317(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

The prosecution case, in brief, is that four unknown persons intercepted the informant's truck near Rajawar Chowk, Rajaun P.S., showed country-made pistols, threatened him with death, forcibly snatched the keys and fled away with the truck loaded with water tanks.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.06.2025. Petitioner bears two (2) criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.2435 of 2026(3) dt.23-02-2026 2/3 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. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused. Nothing has been recovered from the conscious possession of the petitioner. Looted truck is recovered from the possession of other co-accused person. Charge sheet has already been submitted in this case. There is no compliance of Section 103 of the BNSS, 2023.

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, period of custody of the petitioner and charge sheet being submitted, 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 Rajoun P.S. Case No. 399 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.2435 of 2026(3) dt.23-02-2026 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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