Patna High Court
Gautam Ram @ Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners, directing them to furnish a bail bond of Rs 10,000 with two sureties each.
Summary
The petitioners, Gautam Ram and Fakira Ram, were arrested in connection with a violent incident on 13 July 2025 in which a crowd of about 200 persons attacked a police station in Belwaiya during a land‑dispute operation, assaulting an ASI and ransacking the premises. They were charged under Sections 191(2), 191(3), 190, 121(1), 121(2), 324(5), 132 and 109 of the Indian Penal Code. The petitioners contended that they were falsely implicated, that the FIR named only 50 persons out of the 200 present, and that similarly situated co‑accused had been granted bail by the same court. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the court held that the petitioners were entitled to bail, directing them to furnish a bail bond of Rs 10,000 with two sureties each. Consequently, the petitioners were released on bail pending trial.
Issues considered
- Whether bail should be granted to the accused persons charged with offences including unlawful assembly, assault on a public servant, and waging war against the State under the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 109, 121(1), 121(2), 132, 190, 191(2), 191(3), 324(5)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- unlawful assembly
- assault on public servant
- waging war against the State
- presumption of innocence
- court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19389 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- DINARA District- Rohtas
======================================================
Gautam Ram @ Gautam Kumar, S/O Triloki Ram, R/O Village- Belwaiya,
P.S- Dinara, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 20657 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- DINARA District- Rohtas
======================================================
Fakira Ram @ Fakira Dhobi, S/o- Late Shiv Lochan Ram, Resident of
Village- Jigna, Post- Dinara, P.S- Dinara District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 19389 of 2026)
For the Petitioner/s : Mr. Bhim Sen Prasad, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 20657 of 2026)
For the Petitioner/s : Mr. Manish Rai Sharma, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Dinara P.S. Case No. 364 of 2025 registered for the offence
punishable under Sections 191(2), 191(3), 190, 121(1), 121(2),
324(5), 132 and 109 of B.N.S.
Patna High Court CR. MISC. No.19389 of 2026(2) dt.31-03-2026
2/3
3. The case of the prosecution, in short, is that on
13.07.2025, the informant who is an ASI, was on duty at the police
station and other officials had gone to village Belwaiya to maintain
law and order on account of land dispute. Suddenly, about 200
persons assembled at the gate of the police station. They attacked
the police station and assaulted the informant. They also ransacked
the police station.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. As per the case of the prosecution, there were 200 persons
and from the F.I.R. it is clear that altogether 50 persons are named.
The nature of allegation is general and omnibus. The informant
has received simple injury. It has further been submitted that
similarly situated co-accused persons have been granted bail by
learned Co-ordinate Bench of this Court vide Cr. Misc. No. 7515
of 2026. Petitioners are having no criminal antecedent and they
are languishing in judicial custody since 08.12.2025 and
16.10.2025 respectively.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
Patna High Court CR. MISC. No.19389 of 2026(2) dt.31-03-2026
3/3
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
J.M. 1st Class, Bikramganj, Rohtas in connection with Dinara P.S.
Case No. 364 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.