Gautam KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3281 of 2026
                 Arising Out of PS. Case No.-19 Year-2023 Thana- NIMACHANDPURA District- Begusarai
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           1.     Gautam Kumar Son of Kapildeo Rai @ Kapildev Rai @ Kapildev Ray R/o
                  Village - Ramanand Nagar , P.S.- Neemachandpura(Nimchandpura), District
                  - Begusarai.
           2.    Kapildeo Rai @ Kapildev Rai @ Kapildev Ray Son of Chano Rai R/o
                 Village - Ramanand Nagar , P.S.- Neemachandpura(Nimchandpura), District
                 - Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sandip Kumar Gautam
                 For the Opposite Party/s :      Mr.Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   20-02-2026                        Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Neemachandpura (Nimachandpura) P.S. Case

                   No.19 of 2023, F.I.R dated 05.02.2023 registered for the

                   offences punishable under Sections 147, 149, 323, 504, 302, 506

                   of the Indian Penal Code.

                               3. According to prosecution case, on 05.02.2023 at

                   about 4:00 PM, the informant, Ajit Kumar of Village Ramanand

                   Nagar, Begusarai, was feeding his cattle at his house when eight

                   named accused persons arrived armed with lathis and began

                   abusing him. When the informant and his father protested, the
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          accused allegedly assaulted the informant and his brothers, Amit

          Kumar and Sumit Kumar, with lathis and dandas. When the

          informant’s father intervened to rescue them, the accused also

          assaulted him with fists and slaps, causing him to fall to the

          ground. It is alleged that two of the accused, Hareram Mahto

          and Kapildeo Rai, pressed the father’s hydrocele with the

          intention to kill him, resulting in his death. The informant

          claims that all accused acted with common intention and that the

          incident was witnessed by Sundri Devi, Amit Kumar, Sumit

          Kumar, and Babli Kumari.

                      4. Learned counsel for the petitioners submits that the

          allegations against these petitioners is of pressing testicles of the

          informant’s father along with one Kapildeo Rai, the matter was

          investigated and for lack of evidence, final form is said to have

          been submitted by the Police. From perusal of the post-mortem

          report, the cause of death is said to be due to asphyxia caused by

          compression of chest and fracture of sternum. It has next been

          submitted that the final form submitted by the Police, has not

          been accepted by the learned Trial Court and differing with the

          same, cognizance has been taken and owing to such, the instant

          anticipatory bail application has been filed. It has further been

          submitted similarly situated co-accused persons have been
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          granted bail by a Co-ordinate Bench of this Court vide order

          dated 04.02.2026 passed in Cr. Misc. No.6302 of 2026.

                      5. Learned APP for the State vehemently opposed the

          prayer for anticipatory bail application and submits that there is

          serious allegation of pressing the testicles, owing to which death

          has occurred.

                       6. Considering the aforesaid facts and circumstances

          that the cause of death is due to asphyxia caused by

          compression of chest and fracture of sternum and there is no

          specific allegation against these petitioners rather the allegations

          are general and omnibus in nature. Accordingly, this Court is

          inclined to grant the privilege of anticipatory bail to the

          petitioners.

                       7. Let the petitioners, above named, in the event of

          their arrest or surrender before the Court below within a period

          of thirty days from the date of receipt of the order, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Judicial Magistrate, 1st Class, Begusarai, in

          connection with Neemachandpura (Nimachandpura) P.S. Case

          No.19 of 2023, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure / Section
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                     482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other

                     following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative/known of the petitioner(s) who shall provide

                     official document/personal affidavit to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T