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Patna High Court

Gautam Kumar @ Gautam Kumar GuptaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner subject to bond and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.

Summary

The petitioner, Gautam Kumar, sought anticipatory bail in connection with PS case No. 483 of 2025, which alleged offences under several sections of the Bharatiya Nagrik Suraksha Sanhita (BNS) including assault with an iron rod and spade causing grievous injury to the informant. The dispute arose over garbage being thrown in front of the informant's house, leading to a physical altercation in which the informant sustained a nasal fracture and swelling. The petitioner argued that the incident was a minor quarrel that escalated into a free fight and that the injury was accidental, emphasizing his clean antecedents. The State and the informant opposed bail, contending that the injury report corroborated the serious assault allegations and that the petitioner should not enjoy anticipatory bail. The court, after considering the facts, the injury report (which showed no head injury), and the petitioner's good character, granted anticipatory bail subject to a Rs.20,000 bond, two sureties, and conditions under Section 482(2) of the BNS, including non‑intimidation of witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite allegations of grievous assault under the BNS.
  • Whether the injury report substantiates the charge of assault with an iron rod and spade, justifying denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • criminal procedure
  • Bharatiya Nagrik Suraksha Sanhita
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71284 of 2025
                     Arising Out of PS. Case No.-483 Year-2025 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Gautam Kumar @ Gautam Kumar Gupta S/O Late Sunil Kumar Gupta
                 Resident of Ram Padarath Nagar Chak Mahila ward no 16, P.S.- Sitamarhi,
                 District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Md Fazle Karim, Adv.
                 For the State            :        Mr. Mritunjay Kumar Nirala, APP
                 For the Informant        :        Mr. Savitesh Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   11-02-2026                   Heard learned Advocate for the petitioner and learned

                   Additional Public Prosecutor for the State as well as the learned

                   Advocate for the informant.

                                 2. The petitioner apprehends his arrest in connection

                   with Sitamarhi P.S. Case No. 483 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 118(1), 74,

                   351(2) and 3(5) of the BNS.

                                 3. Allegedly, on the evening of the fateful day, a

                   dispute arose over throwing of garbage in front of the

                   informant’s house. When the informant tried to inquire about the

                   matter, co-accused Madhukar Kumar allegedly came there and

                   threw garbage in front of the informant’s house. When the same

                   was protested, it is alleged that the petitioner along with his
Patna High Court CR. MISC. No.71284 of 2025(3) dt.11-02-2026
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          younger brother started abusing and assaulting. There is specific

          accusation against the petitioner of causing iron rod and spade

          blow over the head and eye of the informant resulting into

          serious injury. There is further allegation against all the accused

          persons of causing assault to the informant and others.

                       4. Learned Advocate for the petitioner referring to the

          FIR contended that the genesis of the occurrence is a trifle,

          however on account of said reason, both the parties entered into

          a free fight resulting into some unfortunate injuries to the

          persons of both the sides. There is an FIR instituted by the wife

          of the petitioner against the informant and others bearing

          Sitamarhi P.S. case No. 482 of 2025, which is admittedly on

          earlier point of time. So far the allegation of causing assault

          over the head is concerned, the same does not corroborate with

          the injury report. However, there is no dispute that the informant

          has sustained injury over his nose and the report shows swelling

          in frontal region and fracture in nasal bone, which is found to be

          grievous in nature but certainly same was not intentional, rather

          accidental. It is lastly contended that the petitioner is a man of

          fair antecedent and he undertakes that he would not indulge in

          such activity in future.

                       5. On the other hand, learned Advocates for the State
Patna High Court CR. MISC. No.71284 of 2025(3) dt.11-02-2026
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          and the informant vehemently opposed the bail application and

          submitted that the specific accusation of causing assault by

          means of spade and iron rod gets corroborated with the injury

          report, which clearly suggests grievous injury over the vital part

          of the informant and, as such, in any view of the matter, the

          petitioner does not deserve the privilege of anticipatory bail.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the genesis of occurrence, coupled with the factum of case

          and counter case, besides the fair antecedent of the petitioner as

          also the injury report, where there is no mark of injury over the

          head, let the petitioner abovenamed be released on bail, in the

          event of his arrest or surrender before the court below within a

          period of four weeks from the date of receipt/production of a

          copy of this order, upon furnishing bail bonds of Rs.20,000/-

          (twenty thousand) with two sureties of the like amount each to

          the satisfaction of the learned Chief Judicial Magistrate,

          Sitamarhi in connection with Sitamarhi P.S. Case No. 483 of

          2025, subject to the conditions laid down in Section 482(2) of

          the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further

          conditions:

                       (i) that one of the bailors shall be the own/close
           Patna High Court CR. MISC. No.71284 of 2025(3) dt.11-02-2026
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                     family members of the petitioner,

                                  (ii) that the petitioner would not indulge in

                     intimidating the witnesses/informant or tampering with the

                     evidence, and

                                  (iii) that in case, the petitioner shall be found indulge

                     in intimidating the informant/witnesses or tampering with the

                     evidence, the informant shall be at liberty to file an application

                     for cancellation of the bail of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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