Patna High Court
Gautam Ram @ Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.
Summary
Gautam Ram applied for anticipatory bail fearing arrest in a case registered under sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that he, together with Domi Ram and others, assaulted an informant with a dabia, causing injuries. The petitioner argued that he was falsely implicated, that the first assault was directed at Domi Ram and that the second assault did not specifically name him, and he has no prior criminal record. The court observed that cognizance had been taken against him but, given the lack of antecedent and the general nature of the allegations, ordered that he be released on anticipatory bail if he surrenders within four weeks. The bail was conditioned on a bond of Rs.10,000 and two sureties of the same amount, as directed by Justice Partha Sarthy.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite cognizance being taken against him
- Whether the FIR specifically implicates the petitioner under the charged sections
- Whether the petitioner’s clean criminal record warrants grant of anticipatory bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- false implication
- no criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3760 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Gautam Ram @ Gautam Kumar S/o Domi Ram Resident of Village-
Parmanandpur, P.S.- Parmanandpur O.P., District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Madhepura (Parmanandpur O.P) P.S. Case no. 255 of 2025,
registered under sections 126(2), 115(2), 118(1), 109, 352,
351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that while he was returning, Gautam Ram and Domi Ram along
with 3-4 others confronted him and started to assault him. Domi
Ram is said to have assaulted the informant with a dabia on his
head leading to injuries as a result of which he fell down.
Thereafter on the orders of Gautam Ram, the informant was
again assaulted with a dabia causing injuries in his leg.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.3760 of 2026(2) dt.28-01-2026
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petitioner has been falsely implicated in the case. Besides the
allegation being general and omnibus in nature in so far as no
specific name has been mentioned in the second assault by the
dabia, the first assault by dabia is directly alleged against co-
accused Domi Ram and not the petitioner herein. It is further
submitted that the petitioner was not sent up for trial, however
by order dated 11.9.2025 passed in Madhepura P.S. Case no.255
of 2025, the learned Chief Judicial Magistrate, Madhepura
differing with the final report has taken cognizance against the
petitioner also. Hence the instant application for anticipatory
bail. The petitioner has no criminal antecedent.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., final form having been submitted after investigation,
though cognizance has been taken (certified copy of which is
produced by learned counsel) together with the petitioner not
having any criminal antecedent, in the facts of the case, it is
directed that the petitioner above named, in the event of his
arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
Patna High Court CR. MISC. No.3760 of 2026(2) dt.28-01-2026
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connection with Madhepura (Parmanandpur O.P) P.S. Case no.
255 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate,
Madhepura.
(Partha Sarthy, J)
Shiv/-
U T
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