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Patna High Court

Gautam Ram @ Gautam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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