Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, Nitish Kumar and Gautam Kumar, applied for anticipatory bail fearing arrest in a murder case (PS Case No. 306 of 2025) concerning the death of Aarti Kumari, alleged to have been killed and disguised as an accident. The prosecution alleges that the petitioners, along with others, were involved in the killing after the victim was handed over to them. The petitioners contend they are innocent, pointing out the lack of eyewitnesses and that the FIR merely records a statement without substantive evidence. They argue that the allegation of a fabricated accident is based solely on suspicion and that no overt act has been attributed to them. The State opposed the bail, relying on the seriousness of the offences under Sections 103(1), 238 and 61(2) of the BNS. After hearing both sides, the Court decided to grant anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code in view of the alleged murder charges.
- Whether the material on record, primarily based on suspicion and lack of eyewitness, suffices to deny bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 103(1), 238, 482(2), 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- murder
- suspicion
- FIR
- Section 438 Cr.P.C.
- Section 482 BNSS
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14229 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Nitish Kumar S/O Sundar Yadav R/O Village- Makhpa, P.S- Barabar
Paryatak, Distt.- Jehanabad.AT present-R/V Dhawal Bigha, P.S.-Hulasganj,
Dist-Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 14952 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Gautam Kumar S/o Shravan Yadav R/o Village - Mohammadpur, P.S -
Khizarsarai, District - Gaya at present R/V Dhawal Bigha, P.S.- Hulasganj,
Distt.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 14229 of 2026)
For the Petitioner/s : Mr.Paras Nath, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
(In CRIMINAL MISCELLANEOUS No. 14952 of 2026)
For the Petitioner/s : Mr.Paras Nath, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Makhdumpur P.S. Case no. 306 of 2025
instituted for the offence under Sections 103 (1), 238, 61 (2) of
the BNS.
Patna High Court CR. MISC. No.14229 of 2026(2) dt.26-02-2026
2/3
3. The case of the prosecution is that Aarti Kumari
(deceased) was having affair with one Kaju Kumar. The said
Kaju Kumar had brought the deceased to his house. This
information was given by the mother of the Kaju Kumar and
thereafter, the girl was handed over to the family members of
the deceased, namely, Chandrakant Yadav, Gautam Yadav,
Dharmendra Yadav and Nitesh Yadav. Subsequently, the dead
body of the deceased was found on a railway. There is allegation
that these petitioners along with others had killed the deceased
and gave the incident the colour of an accident.
4. Learned counsel for the petitioners has submitted
that petitioners are innocent and have falsely been implicated in
connection with the present case. It is further submitted that
from perusal of the FIR itself, it is clear that although there is a
statement in the FIR that the girl was handed over to these
petitioners but there is no eye witness to the alleged occurrence.
5. It is contended that the allegation that the murder
was given the colour of an accident is based purely on
suspicion. The postmortem report indicates that the cause of
death was a head injury due to accident. It is further submitted
that the FIR states that the informant came to know that this
murder had been given the colour of an accident, however, it is
Patna High Court CR. MISC. No.14229 of 2026(2) dt.26-02-2026
3/3
not specified from whom or how he received such information.
It is further submitted that names of these petitioners have been
dragged in this case only on the basis of suspicion and no any
overt act has been attributed to them.
6. Learned APP appearing for the State opposed the
prayer of bail of the petitioner.
7. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Makhdumpur P.S. Case no. 306
of 2025, they will be enlarged 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 learned Additional Chief
Judicial Magistrate -I, Jehanabad, subject to the conditions as
laid down under section 438(2) of the Cr.P.C/ Section 482 (2) of
the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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