Patna High Court
Bachchu Gupta @ Bachhu Gupta @ Bachchhu Gupta @ Rambabu @ Rambabu Gupta @ Bachchu Sah @ Rambabu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that bail may be granted subject to strict conditions.
Summary
The petitioner, Bachchu Gupta, was in custody for a series of offences under the Bharatiya Nyaya Sanhita arising from an alleged assault involving a sword and other injuries. He applied for bail, arguing that he had already been detained since 16‑08‑2024 and would appear diligently in trial without committing further crimes. The State opposed bail, citing the petitioner’s criminal antecedents and the risk of trial delay. The court considered the length of custody, the petitioner’s undertaking, and the seriousness of the charges, and decided to grant bail with stringent conditions, including sureties, regular attendance before the trial court and police station, and prohibitions against tampering with witnesses or committing new offences. The bail order required a bond of Rs.10,000 with two sureties and detailed compliance requirements.
Issues considered
- Whether bail should be granted to the petitioner despite multiple serious charges under the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s period of custody and alleged criminal antecedents justify denial of bail.
- What conditions may be imposed on bail to ensure the petitioner’s compliance and prevent interference with the trial.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 329(3), 329(4), 3(5), 351(2), 351(3), 352, 74, 76
Subjects
- bail
- criminal procedure
- custody
- Bharatiya Nyaya Sanhita
- witness tampering
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77423 of 2025
Arising Out of PS. Case No.-267 Year-2024 Thana- MINAPUR District- Muzaffarpur
======================================================
Bachchu Gupta @ Bachhu Gupta @ Bachchhu Gupta @ Rambabu @
Rambabu Gupta @ Bachchu Sah @ Rambabu Sah S/O Late Jagarnath Prasad
Gupta @ Late Jagarnath Sah R/O Village- Turki Khararu, P.S.- Minapur,
District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, Adv.
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 06-02-2026 Heard Mr. Hari Kishore Thakur, learned counsel for
the petitioner and the State.
2. The petitioner is in custody in connection with
Minapur P.S. Case No. 267 of 2024 for the offence punishable
under sections 126(2), 115(2), 118(1), 109, 303 (2), 329 (3), 329
(4), 74, 76, 352, 351 (2), 351 (3) and 3(5) of the Bharatiya
Nyaya Sanhita lodged on 09.08.2024 by the informant,
Tejnarayan Prasad Gupta.
3. As per the prosecution story, the informant alleged
that while he was at home, the accused persons including the
petitioner armed variously came and attacked. Allegation
against this petitioner is of using sword on his head causing
injury. The other family members including Poonam Devi was
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assaulted on the hand while his son, Nagmani was injured by the
other accused persons and his other son, Dhananjay Kumar was
also assaulted. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he
has already suffered by being in custody since 16.08.2024, if
granted bail, he shall be diligently appearing in trial and shall
not indulge in any criminal activity.
5. Learned counsel for the State as also the informant
opposes the prayer for bail submitting that he has criminal
antecedent and once out, he may delay the trial.
6. Considering the submissions of the parties,
particularly the period of custody and the undertaking that has
been given that he shall not be indulging in any criminal activity
and further shall diligently appear in trial, in that background,
this Court is inclined to extend him the privilege of bail with
conditions.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
of like amount each to the satisfaction of learned Addl. Sessions
Judge-3rd, Muzaffarpur in connection with Minapur P.S. Case
No. 267 of 2024 subject to the following conditions:
(i) one of the bailor should be the family
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member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month till the conclusion of the trial to mark
his attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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