Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Gautam Kumar, was charged under Sections 126(2), 115(2), 118(1), 109, 352 and 353 of the Bharatiya Nyaya Sanhita, 2023 for allegedly entering a bank manager’s chamber, sprinkling chilli powder on his face and repeatedly assaulting him with a knife, causing grievous injuries. The trial court had earlier rejected his bail application and directed an expedited trial. On a second bail application, the petitioner’s counsel argued his innocence, claimed the injuries were simple, and highlighted his prolonged custody since February 2025. The State opposed bail, citing the seriousness of the offences. After considering the facts and submissions, the High Court granted bail on a cash bond of Rs 10,000 with two sureties, imposing conditions such as cooperation with the trial, presence of a blood‑relative bailor, affidavit obligations, and cancellation for tampering with evidence or non‑appearance. The order was pronounced by Justice Khatim Reza.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 126(2), 115(2), 118(1), 109, 352 and 353 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner poses a risk of fleeing, tampering with evidence or influencing witnesses.
- Whether the seriousness of the alleged assault and related offences precludes the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 352, 353
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- conditions of bail
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26747 of 2026
Arising Out of PS. Case No.-24 Year-2025 Thana- Bundelkhand P.S. District- Nawada
======================================================
Gautam Kumar, Son of Rajendra Saw @ Rajendra Prasad, R/o village -
Ghoshtaba, Ps- Kadirganj, dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sharma, Adv.
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner, learned
A.P.P for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Sessions Trial No. 377 of 2025, arising out of Bundelkhand PS
Case No. 24 of 2025 dated 17.02.2025 instituted for the offence
punishable under Sections 126(2), 115(2), 118(1), 109, 352 and
353 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the informant
is the Branch Manager of Union Bank of India. On the alleged
date of occurrence, the petitioner entered in the Chamber of the
informant and spread chilli powder on the informant’s face.
Thereafter, the petitioner repeatedly assaulted the informant by
knife due to which he sustained grievous injury.
4. Earlier, vide order dated 20.08.2025, the
Patna High Court CR. MISC. No.26747 of 2026(2) dt.08-05-2026
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petitioner’s bail application was rejected and the trial court was
directed to expedite the trial and make all endeavour to conclude
the trial at the earliest, preferably, within a period of six months
from the date of receipt/production of a copy of this order.
5. This is second attempt for grant of regular bail
application to the petitioner.
6. Learned Counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. It is submitted that the allegation against the petitioner is
that he assaulted the informant with knife and the injuries
sustained by the informant were found to be simple in nature.
Lastly, it has been submitted that the petitioner is in custody
since 18.02.2025 and charge-sheet has been submitted in the
case.
7. Learned counsel for A.P.P for the State opposes the
prayer for bail of the petitioner.
8. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions
Judge-III, Nawada in connection with Sessions Trial No. 377 of
Patna High Court CR. MISC. No.26747 of 2026(2) dt.08-05-2026
3/3
2025, arising out of Bundelkhand PS Case No. 24 of 2025,
subject to the following conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
(Khatim Reza, J)
prabhat/-
U T
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