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Patna High Court

Gautam Ram @ Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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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