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Patna High Court

Gautam Kumar SahuversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The bail application was dismissed, and the petitioner was denied bail.

Summary

Gautam Kumar Sahu applied for bail in a murder case (Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023) arising from the death of his former girlfriend, whose body was found in a field. The FIR was lodged against an unknown person and the petitioner’s name was linked only through the use of a mobile number. The prosecution argued that the deceased’s mobile, charger and laptop were recovered from the petitioner’s room, CCTV footage placed him at the scene, and a confessional statement implicated him, with the cause of death recorded as asphyxia due to strangulation. The petitioner contended that he was not named in the FIR, that the death was a suicide, and that no incriminating material was found on him. After considering the evidence, the court rejected the bail plea, directing the trial court to expedite the trial within a year.

Issues considered

  • Whether bail should be granted to the accused in light of the material evidence and alleged confession.
  • Whether the recovery of the deceased’s belongings and CCTV footage constitute sufficient grounds to deny bail under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • murder
  • Bharatiya Nyaya Sanhita
  • Section 103(1)
  • Section 238
  • CCTV evidence
  • confessional statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4169 of 2026
                     Arising Out of PS. Case No.-189 Year-2025 Thana- MATIHANI District- Begusarai
                 ======================================================
                 Gautam Kumar Sahu, aged about 30 years (Male), son of Ram Kishore Sahu,
                 resident of village- Badalpura, P.S.- Matihani, Dist.- Begusarai
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nakul Kumar Jamuar, Advocate
                 For the Opposite Party/s :       Mr. Bisheshwar Ram, APP
                 For the Informant        :       Ms. Archana Sinha, Senior Advocate
                                                  Ms. Nisha Kumari, Advocate
                                                  Mr. Manish Kumar Paswan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   26-02-2026                  Heard learned counsel for the petitioner; learned

                   Additional Public Prosecutor for the State and Ms. Archana

                   Sinha, learned senior counsel appearing on behalf of the

                   informant.

                                2. The petitioner seeks bail in connection with

                   Matihani PS Case No.189 of 2025 dated 15.10.2025, instituted

                   for the offence punishable under Sections 103(1), 238 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in brief, is that the daughter

                   of the informant was residing in Patna in a Girls Hostel in

                   connection with the preparation of competitive examination. On

                   09.10.2025, in the early morning, she proceeded for Patna and at

                   about 3.00 PM, she told the informant that she has reached

                   Patna. The informant was in touch with his daughter over
Patna High Court CR. MISC. No.4169 of 2026(3) dt.26-02-2026
                                            2/3




          mobile phone till 11.10.2025 and thereafter her mobile phone

          was found switched off. When the informant came to Patna and

          enquired about his daughter from the Coaching Institute and the

          Girls Hostel, he came to know that his daughter had not come in

          the hostel on 09.10.2025. In the meanwhile, he got information

          from a villager that the dead body of his daughter is lying in the

          field in a bag. Thereafter, he returned back to his village.

                       4. Learned counsel for the petitioner submits that the

          petitioner is not named in the FIR. FIR has been lodged against

          unknown. Name of the petitioner has come on the basis of user

          of mobile no. 9709272996. There was love affairs between the

          petitioner and the deceased and they were in relationship. On

          09.10.2025, she had gone to Kishangnaj instead of Patna. The

          deceased herself committed suicide on account of some dispute

          with the petitioner. Nothing incriminating has been recovered

          from the possession of the petitioner. Nobody has seen the

          occurrence and only on the basis of suspicion the petitioner has

          been made accused in this case.

                       5. Learned APP as well as learned senior counsel

          appearing on behalf of the informant has opposed the prayer for

          bail. Learned senior counsel appearing on behalf of the

          informant submits that the petitioner has made his confessional
            Patna High Court CR. MISC. No.4169 of 2026(3) dt.26-02-2026
                                                        3/3




                      statement regarding the involvement in the crime leading to

                      recovery of mobile, charger and laptop of the deceased from the

                      room the petitioner. Further, the petitioner himself has admitted

                      that he was in relationship with the deceased. The CCTV

                      footage of Toll Plaza also affirms the involvement of the

                      petitioner in the crime. It is also submitted that the cause of

                      death has been shown as Asphyxia due to strangulation.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties as

                      well as the fact that the mobile, charger and laptop of the

                      deceased has been recovered from the room of the petitioner and

                      it is an admitted fact that the deceased was in relationship with

                      the petitioner, I am not inclined to enlarge the petitioner on bail.

                                   7. Accordingly, prayer of the petitioner for grant of

                      bail is rejected.

                                   8. The learned Court below is directed to expedite the

                      trial and conclude the same as early as possible, preferably,

                      within a period of one year from the date of receipt/production

                      of a copy of this order.

                                   9. The application stands dismissed.


                                                                   (Khatim Reza, J)
J. Alam/-
U       T


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