Patna High Court
Gautam Kumar @ Gautam SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAMESH CHAND MALVIYA
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
- Arms Act — s. 27
- Bihar Non-Applicable Statutes (BNS) — s. 103, 3(5)
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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