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Patna High Court

Gautam Kumar @ Gautam SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied as there were no fresh grounds and the trial was progressing.

Summary

Gautam Kumar, accused of murdering Sujay Kumar, is in custody for offences under Sections 103, 3(5) of the Bihar Non‑Applicable Statutes (BNS) and Section 27 of the Arms Act. He has applied for regular bail for the third time after two earlier rejections. The court noted that charges were framed on 24‑02‑2026, four of seven witnesses have been examined and the trial is expected to conclude within six months. No fresh ground was found to justify bail at this stage of the proceedings. Consequently, the bail petition was rejected and the trial court was directed to expedite the trial.

Issues considered

  • Whether the petitioner is entitled to bail at this stage of the trial
  • Whether there exist fresh grounds warranting a reconsideration of the bail application

Legislation cited

Subjects

  • bail
  • murder
  • Arms Act
  • criminal procedure
  • witness examination
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22648 of 2026
                     Arising Out of PS. Case No.-256 Year-2024 Thana- BUNIYAD GANJ District- Gaya
                 ======================================================
                 Gautam Kumar @ Gautam Singh, aged about 34 years, Gender-Male, Son of
                 Ajit Kumar Singh @ Ajit Singh @ Ajit Kumar, Resident of Village-
                 Nagriyawan, P.S.- Khizer Sarai, District- Gaya.
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER
4   15-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is in custody in connection with

                   Sessions Trial No. 745 of 2025 arising out of Buniyadganj P.S.

                   Case No. 256 of 2024 registered for the offences punishable

                   under Section 103, 3(5) of the BNS and Section 27 of the Arms

                   Act.

                                3. As per the allegation in the FIR, the petitioner is

                   alleged to have committed the murder of the son of the

                   informant, namely, Sujay Kumar by the gun short fired, who

                   was working as a Munshi in the trading of sand.

                                4. This is the third attempt for regular bail of this

                   petitioner. Earlier the prayer for bail of this petitioner was twice

                   rejected by this Court passed in Cr. Misc. Nos. 11474 of 2025

                   and 90108 of 2025 vide orders dated 13.05.2025 and
            Patna High Court CR. MISC. No.22648 of 2026(4) dt.15-05-2026
                                                        2/2




                      16.01.2026, respectively.

                                    5. From perusal of the report of the learned D &

                      A.S.J.-XVth, Gaya vide letter no. 143 dated 30.04.2026, it

                      appears that charges have been framed on 24.02.2026 against

                      the accused persons under Sections 103, 3(5) of the BNS and

                      Section 27 of the Arms Act and summons have been issued to

                      the witnesses on 12.03.2026 and, therefore, four witnesses have

                      been examined out of seven witnesses named in the chargesheet.

                      It also appears that three witnesses named in the chargesheet are

                      still to be examined and the trial of this case is likely to be

                      concluded within six months as stated in the report but there is

                      no fresh ground to reconsider the prayer for bail of the

                      petitioner.

                                    6. Accordingly, the prayer for bail of the petitioner is

                      again rejected.

                                    7. However, the learned trial Court is directed to

                      expedite the trial expeditiously.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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