Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioners, being falsely implicated, are entitled to bail under Section 438(2) CrPC and Section 482 of the BNSS.
Summary
Petitioners Gautam Kumar and Saurav Kumar sought relief fearing arrest in a case alleging assault and ransom demands under several sections of the Bihar Negotiable Statutes (BNS). The prosecution alleged that the petitioners assaulted an informant and his wife after the informant refused to work at their brick kiln and demanded a Rs.60 lakh ransom. The petitioners contended they were innocent, claiming the informant had approached a notorious criminal, Anant Singh, who subsequently targeted other villagers, and that they were falsely implicated. The court examined the claim of false implication and the lack of direct involvement by the petitioners. Finding merit in the petitioners' contention, the court allowed the bail application. Accordingly, the petitioners were ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether the petitioners are entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 in view of alleged false implication
- Whether the petitioners are correctly implicated in offences under Sections 126(2), 115(2), 109(1), 308(5), 308(4), 352/3(5) of the BNS
Legislation cited
- BNS — s. 109(1), 115(2), 126(2), 308(4), 308(5), 352/3(5)
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- false implication
- Criminal Procedure Code
- Section 438
- Section 482
- Bihar High Court
- criminal offences
- ransom
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40460 of 2025
Arising Out of PS. Case No.-3 Year-2025 Thana- PACHMAHLA District- Patna
======================================================
1. Gautam Kumar S/O Devendra Singh R/O Village- Nauranga, P.S-
Pachmahla, Distt.- Patna.
2. Saurav Kumar S/O Satish Singh @ Chhbo Singh R/O Village- Nauranga,
P.S- Pachmahla, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parmod Kumar
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Pachmahla P.S. Case No. 03 of 2025 registered
for the offence under Section 126(2), 115(2), 109(1), 308(5),
308(4), 352/3(5) of the BNS.
3. As per the prosecution case, the accused persons
are said to have assaulted the informant and his wife when he
denied to work on the brick kiln which was run by the petitioner
and his brother. The accused persons are also said to have
locked the house of the informant and demanded Rs. Sixty lakhs
Patna High Court CR. MISC. No.40460 of 2025(3) dt.19-02-2026
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as ransom.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that
when the informant was removed from his employment as
Munshi of the brick kiln/chimney, he approached a known
dreaded criminal of the society Anant Singh, who went to the
village of the petitioners on behalf of the informant and fired at
the house of Sonu and Monu, for which separate cases have
been registered. He next submits that the petitioners are not
directly related to Sonu and Monu and they are the co-villagers
and at the instance of the dreaded criminal Anant Singh, they
have falsely been implicated in the present case.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 Additional
Judicial Magistrate-III, Barh/concerned Court below in
connection with Pachmahla P.S. Case No. 03 of 2025, subject to
Patna High Court CR. MISC. No.40460 of 2025(3) dt.19-02-2026
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the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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