Patna High Court
Gautam Yadav @ Gautam Kumar @ Kumar GautamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application is dismissed; the petitioner is not entitled to bail at this stage.
Summary
The petitioner, Gautam Yadav, was charged with murder, abetment of suicide, criminal conspiracy and possession of arms under Sections 302, 201, 120B/34 of the IPC and Section 27 of the Arms Act. He has been in custody since July 2024 and this was his fourth bail application, all of which had been rejected earlier. The prosecution alleged that a co‑accused named the petitioner as an accomplice and that material evidence linked him to the crime. The petitioner’s counsel argued that only one of eleven witnesses had been examined, contending that the delay justified bail. The court, noting the seriousness of the offences and the pending examination of witnesses, declined to grant bail and dismissed the application, while indicating that bail could be reconsidered if the prosecution continues to delay the trial.
Issues considered
- Whether bail should be granted to the accused in a murder and conspiracy case given the gravity of the offences and the status of witness examination
- Whether the delay in examining the majority of witnesses warrants the grant of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 201, 302, 34
Subjects
- bail
- murder
- conspiracy
- IPC
- Arms Act
- witness examination
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82853 of 2025
Arising Out of PS. Case No.-313 Year-2023 Thana- MUNGER MUFFASIL District- Munger
======================================================
Gautam Yadav @ Gautam Kumar @ Kumar Gautam Son of Late Surendra
Prasad Yadav R/o Village- Bahiyaram Toli, P.S.- Kharagpur, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate
Mr.Rakesh Kumar Sharma, Advocate
Mr. Adarsh Prihar, Advocate
For the State : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard learned Senior Counsel for the petitioner and
learned APP for the State.
2. This is the fourth attempt on behalf of the petitioner
for grant of bail in connection with Munger Muffasil P.S. Case
No. 313 of 2023 registered for the offence punishable under
Sections 302, 201, 120B/34 of the Indian Penal Code and
Section 27 of the Arms Act.
3. Earlier the bail applications of the petitioner were
rejected thrice vide orders dated 03.05.2024, 11.09.2024 and
05.03.2025 passed in Cr. Misc. Nos. 18713 of 2024, 65545 of
2024 and 12652 of 2025 respectively.
4. One Anjani Kumari had called the deceased and
thereafter, he was found dead.
5. It has come during investigation that Sanjeev
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Kumar was a boy friend of Anjani Kumari and he had named
the petitioner in his self inculpatory statement as his accomplice
in committing the murder of the deceased and materials have
come during investigation to connect the petitioner with the
crime.
6. The petitioner is in custody since 03.07.2024.
7. Learned Senior Counsel for the petitioner has
submitted that though the petitioner is in custody since
03.07.2024, but only one witness has been examined out of 11
witnesses.
8. Learned counsel for the informant has submitted
that after the examination of the witness on two dates, the
witnesses have appeared but due to the absence of the Court, the
witnesses could not be examined.
9. Considering the gravity of the offence and the
materials available on record, I am not inclined to grant bail to
the petitioner.
10. Accordingly, the application stands dismissed.
11. The undertaking of Mr. K. N. Sahay, learned
counsel for the informant is recorded that the prosecution will
produce the witnesses on the date fixed. If the prosecution still
delays the trial, the prayer for bail of the petitioner may be
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renewed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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