Patna High Court
Gautam Kumar @ Gautam Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita — s. 115(2), 118(1), 126(2), 3(5), 351(2), 482(2), 74
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
2/4
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
3/4
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
4/4
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
Checking your session…