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Patna High Court

Gautam GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that bail may be granted to petitioners Nos.1, 4, 5 and 6 on the stipulated bond and sureties, and that the bail petitions of Nos.2 and 3 are dismissed as withdrawn.

Summary

The petitioners, six individuals from Deogana village, were charged under sections 126(2), 118(1), 118(2), 109, 303(2) and 3(5) of the BNS for an assault that took place on 06-01-2025. Petitioners No.2 and No.3 sought to withdraw their pre‑arrest bail applications, and the Court permitted the withdrawal and dismissed those petitions. The remaining petitioners (Nos.1, 4, 5 and 6) feared arrest and applied for bail, contending that the injuries caused were simple and the dispute was a mutual altercation. The State opposed the bail, but the Court, after considering the facts, ordered that the four petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the conditions of Section 482(2) of the BNSS 2023. The order also directed that the bail be effected within eight weeks of the order.

Issues considered

  • Whether the bail applications of petitioners Nos.2 and 3 can be withdrawn.
  • Whether bail should be granted to petitioners Nos.1, 4, 5 and 6 despite the serious offences alleged.
  • Whether the conditions of Section 482(2) of the BNSS 2023 justify the grant of bail.

Legislation cited

  • BNS — s. 109, 118(1), 118(2), 126(2), 303(2), 3(5)
  • BNSS, 2023 — s. 482(2)

Subjects

  • pre‑arrest bail
  • withdrawal of bail petition
  • criminal procedure
  • Section 482(2) BNSS 2023
  • assault
  • Bihar
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2106 of 2026
                    Arising Out of PS. Case No.-11 Year-2025 Thana- NAVINAGAR District- Aurangabad
               ======================================================
           1 . Gautam Gupta S/o Satyendra Saw Resident of village- Deogana P.S
                Navinagar, Dist- Aurangabad
           2.    Satyendra Saw S/o Late Hazari Saw Resident of village- Deogana P.S
                 Navinagar, Dist- Aurangabad
           3.    Sujit Saw @ Sujit Kumar S/o Satyendra Saw Resident of village- Deogana
                 P.S Navinagar, Dist- Aurangabad
           4.    Raushan Kumar @ Anmol Kumar S/o Rajendra Saw Resident of village-
                 Deogana P.S Navinagar, Dist- Aurangabad
           5.    Mukendra Kumar @ Mukendra Saw @ Mukenda Kumar S/o Mandeep Saw
                 Resident of village- Deogana P.S Navinagar, Dist- Aurangabad
           6.    Jamadar Saw @ Jamidar Saw S/o Late Keshav Saw Resident of village-
                 Deogana P.S Navinagar, Dist- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr. Pramendra Kumar Singh, Advocate

                 For the Opposite Party/s :       Mr. Akshay Lal Pandit , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   31-01-2026                                After some arguments, learned counsel for

                   the petitioners seek permission to withdraw the pre-arrest bail

                   petition with respect to petitioner Nos. 2 and 3 .

                                 2. Permission is accorded.

                                 3 . This bail petition of with respect to petitioner Nos.

                   2 and 3 is dismissed as withdrawn .

                                 4. Heard learned counsel for the petitioner Nos. 1 , 4,
Patna High Court CR. MISC. No.2106 of 2026(2) dt.31-01-2026
                                            2/3




          5 and 6 and the State . petitioner Nos. 1 , 4, 5 and 6

                       5 . Petitioners apprehend arrest in a case registered for

          the offence punishable under sections 126 ( 2 ), 118 (1) , 118

          ( 2 ), 109, 303 ( 2 ) and 3(5) of BNS.

                        6. As per F.I.R., on 06.01.2025 , all the accused

          persons including these petitioners armed with various weapons

          and came and assaulted informant and others due to which they

          sustained injuries.

                       7. It is submitted on behalf of the petitioners that

          dispute over pathway resulted in maarpeet between the parties

          in which both sides inflicted injuries on each other. Case and

          counter case . Injuries caused by these petitioners are simple in

          nature .

                        8 . Learned counsel for the State opposes the bail

          petition of the petitioner.

                       9. Considering the aforesaid facts, and circumstances

          of the case, in the event of arrest or surrender within eight

          weeks from today, let the petitioner Nos. 1 , 4, 5 and 6 as

          named above, be enlarged on bail on furnishing bail bond of

          Rs.10,000/-(ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned CJM Aurangabad

          in connection with           Nabinagar P.S. case No. 11 of 2025 ,
            Patna High Court CR. MISC. No.2106 of 2026(2) dt.31-01-2026
                                                        3/3




                      subject to the conditions laid down under section 482 ( 2 ) of

                      BNSS 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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