Patna High Court
Amitabh Gautam @ Tipu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, directing release upon furnishing a bond with two sureties.
Summary
The petitioner, Amitabh Gautam (aka Tipu Singh), was arrested in connection with a murder case (Chiraiya P.S. Case No. 235 of 2025) and charged under Sections 126(2), 115(2), 103 and 3(5) of the BNS, 2023 and Section 27 of the Arms Act. He had been in custody since 26‑09‑2025 and contended that he was not the assailant, asserting that only another accused, Utsav, actually killed the deceased and that his only alleged act was catching hold of the victim. The informant opposed the bail application. The Court examined the material and, finding no sufficient ground to deny bail, allowed the petition. The petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail for offences including murder and possession of arms?
- Whether the petitioner’s alleged participation (merely catching hold of the deceased) justifies continued detention.
Legislation cited
Subjects
- bail
- murder
- arms act
- criminal procedure
- judicial discretion
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7942 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Amitabh Gautam @ Tipu Singh Son of Late Brajnath Singh (Wrongly typed
as 35 years in the impugned order), Resident of Village - Ambariya Rupahara,
P.O.- Dhaka, P.S.- Shikarganj, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kant Singh
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh
For the Informant : Mr. Priyesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Chiraiya P.S. Case No. 235 of 2025 registered for the offence
under Sections 126(2), 115(2), 103 and 3(5) of the BNS, 2023
and under Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and
others are accused of killing the deceased.
4. The petitioner is in custody since 26.09.2025
and it has been submitted by the learned counsel for the
petitioner that the petitioner is not the assailant of the deceased
and the assailant of the deceased is one Utsav. He further
submits that the only allegation levelled against the petitioner is
the that he has caught hold of the deceased.
Patna High Court CR. MISC. No.7942 of 2026(3) dt.26-03-2026
2/2
5. Learned counsel for the informant has opposed
the application of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Chiraiya
P.S. Case No. 235 of 2025.
(Sandeep Kumar, J)
Vikas/-
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