Patna High Court
Umesh GaraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners with specified conditions.
Summary
Petitioners Umesh Gara and Goutam Kumar were arrested on 18 March 2025 in connection with a police case involving alleged assault on an informant and attempted seizure of a public redressal application, with charges under several sections of the B.N.S. The petitioners claimed they had no prior criminal record and that the FIR was fabricated, asserting that any injuries caused were minor. The State opposed bail, while the petitioners' counsel highlighted their clean antecedent and the simple nature of the injuries. The court, after considering these factors, ordered that bail be granted on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation with the trial, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioners' criminal antecedent but stipulated that this should not delay the acceptance of the bail bond.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the B.N.S.
- Whether the petitioners' clean antecedent and the simple nature of injuries justify bail
Legislation cited
- B.N.S. — s. 109, 115(2), 126, 132, 303(2), 3(5), 62
Subjects
- bail
- criminal procedure
- clean antecedent
- simple injuries
- B.N.S.
- sections 126, 115(2), 109, 132, 303(2), 62, 3(5)
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76895 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
1. Umesh Gara S/O Late Ram Avtar Gara R/O Vill.- Loknathpur Ganj, Ward
no. 15, P.S.- Dalsinghsarai, Dist.- Samatipur.
2. Goutam Kumar @ Gautam Kumar @ Gautam Gara S/O Umesh Gara R/O
Vill.- Loknathpur Ganj, Ward no. 15, P.S.- Dalsinghsarai, Dist.- Samatipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Khushi Awadh, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
18.03.2025 in connection with Dalsingsarai P.S. Case No. 97 of
2025, F.I.R. dated 16.03.2025 for the offences punishable under
Sections 126, 115(2), 109, 132, 303(2), 62, 3(5) of the B.N.S.
3. According to prosecution case, petitioners and other
accused persons are alleged to have as attacked on the informant
and tried to snatched the aforesaid application of Public
Redressal Cell. Some persons have been injured.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.76895 of 2025(3) dt.21-01-2026
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petitioners have clean antecedent and the allegation as alleged in
the F.I.R. is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R. Although, some
of the persons have received the injuries but the injury report of
the injured persons suggest that the injuries are simple in nature
caused by hard and blunt substance. He further submits that the
police after investigation, submitted chargesheet against the
petitioners and the petitioners are in custody since 18.03.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
petitioners have clean antecedent, injuries inflicted upon the
injured persons are found to be simple in nature, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned District
and Additional Sessions Judge, Dalsingsarai, Samastipur in
connection with S. T. No. 390/2025, arising out of Dalsingsarai
P.S. Case No. 97 of 2025, with the following conditions:
i. Petitioners shall co-operate in the trial and will be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
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on his absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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)
Ranjeet/-
U T
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