Patna High Court

Gautam Kumar @ Gautam Kumar SinghversusThe State of Bihar

Decided: 10 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Gautam Kumar, was arrested in connection with a violent incident alleged to have occurred on 28 March 2025, for which he was charged under Sections 191(2), 190, 126(2), 115(2), 109 and 352 of the Bharatiya Nyaya Sanhita. He applied for regular bail, asserting a clean antecedent, claiming he was falsely implicated, and assuring the court that he would not abscond and would cooperate with the trial. The State opposed the bail on the ground of the seriousness of the offences. The court, after considering the petitioner's clean record and the claim of false implication, decided to grant bail on a bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the trial court. The bail order was pronounced by Justice Satyavrat Verma. The petitioner was released on bail pending trial.

Issues considered

Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita for the offences alleged.
Whether the petitioner poses a flight risk or a risk of tampering with evidence.
Whether the petitioner has been falsely implicated in the incident.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 352

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
assault
false implication
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10595 of 2026
                    Arising Out of PS. Case No.-98 Year-2025 Thana- NAVINAGAR District- Aurangabad
                 ======================================================
                 Gautam Kumar @ Gautam Kumar Singh Son of Ranvijay Singh Resident of
                 Village- Maigra, P.S.- Nabinagar, District- Aurangabad (Bihar)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nikhil Kumar Singh
                 For the Opposite Party/s :       Mr.Nand Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-04-2026               1.    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 191(2), 190, 126(2), 115(2), 109

                   and 352 of the Bharatiya Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and the informant alleges

                   that on 28.03.2025 at about 06:00 p.m. all the accused persons

                   including the petitioner came and started abusing saying that why are

                   you constructing the house, on objection, Ranvijay along with his

                   wife assaulted the husband of the informant by rod and lathi causing

                   injury, when the family members intervened, petitioner, Ranvijay,

                   Nandkishor and Santosh along with 10 unknown accused assaulted

                   the informant’s son with sharp edged weapons, thereafter petitioner

                   assaulted the informant’s younger son and Santosh gave orders to
              Patna High Court CR. MISC. No.10595 of 2026(2) dt.10-04-2026
                                                          2/2




                        shoot on which petitioner and Ranvijay Singh said that the injured is

                        already dead and thus all the accused fled.

                                 4.     Learned counsel for the petitioner submits that

                        petitioner has been falsely implicated in the instant case by the

                        informant. It is next submitted that no doubt petitioner is alleged to

                        have assaulted the younger son of the informant, but then petitioner

                        is not a criminal. It is also submitted that if privilege of regular bail is

                        granted to the petitioner, the petitioner will not abscond rather will

                        cooperate in the trial to prove his innocence. It is also submitted that

                        petitioner is in custody since 24-11-2025.

                                 5.     Learned A.P.P. for the State vehemently opposes the

                        prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned counsel

                        for the petitioner, let the petitioner above named be released on bail

                        on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with

                        two sureties of the like amount each to the satisfaction of the learned

                        trial court where the case is pending/successor court in connection

                        with Nabinagar P.S. Case No. 98 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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