Gautam KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43458 of 2026
                   Arising Out of PS. Case No.-53 Year-2026 Thana- MANSURCHAK District- Begusarai
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                 Gautam Kumar S/O Late Vijay Sahni Resident of Ward no. 12 Dhakjari, P.S.-
                 Mansurchak, District- Begusarai.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Gaurav Kumar, Advocate
                 For the Opposite Party/s :      Mr.Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-07-2026                     Heard Mr.Gaurav Kumar, learned counsel for the

                   petitioner and Mr.Anant Kumar 1, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   04.04.2026 in connection with Mansurchak P.S. Case No. 53 of

                   2026, F.I.R. dated 04.04.2026 registered for the offence

                   punishable under Sections 109(1), 132, 121(2), 238, 317(3),

                   249, 317(5), 61(2) of the B.N.S. 2023 and 25(1-b)a, 26,35 with

                   27 of the Arms Act.

                                3. As per the prosecution case, unknown criminals

                   were caught while they were dividing the looted booty amongst

                   themselves. Police raided the place where the criminals had

                   assembled and were dividing the looted ornaments etc. Later in

                   the scuffle, firing took place between the police and the accused
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          persons in which some criminals were injured. The involvement

          of the co-accused person, namely, Vicky Kumar has been found

          in the present case with regard to the fact that the two

          motorcycles used by the criminals were parked near the tea shop

          of the co-accused person, namely, Vicky Kumar.

                       4. Learned counsel for the petitioner submits that the

          petitioner has clean antecedent. He has falsely been implicated

          in the present case. The allegation as alleged in the FIR is false

          and fabricated and the petitioner has not committed any offence

          as alleged in the FIR. It appears from the FIR as well as the

          seizure list that arms has been recovered from possession of co-

          accused person, namely, Pawan Jha and petitioner was arrested

          alongwith other co-accused person and nothing has been

          recovered from conscious possession of the petitioner and at

          best the petitioner may be a member of the mob and similarly

          situated co-accused person, namely, Vicky Kumar has been

          granted bail by a Coordinate Bench of this Hon’ble Court vide

          order dated 02.07.2026 passed in Cr. Misc. No.42512 of 2026 .

          The police, after investigation, submitted the chargesheet

          against the petitioner and the petitioner is in custody since

          04.04.2026.

                       5. Learned A.P.P. for the State has vehemently
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          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent and similarly situated co-accused person has been

          granted bail by a Coordinate Bench of this Hon’ble Court, let

          the petitioner, above named, 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 learned Judicial

          Magistrate, 1st Class, Begusarai in connection with Mansurchak

          P.S. Case No. 53 of 2026, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (III) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage, it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
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                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T