Patna High Court
Gautam Kumar SahuversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238
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
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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
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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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