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Patna High Court

Umesh GaraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
            Patna High Court CR. MISC. No.76895 of 2025(3) dt.21-01-2026
                                                        3/3




                      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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