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Patna High Court

Gautam Yadav @ Gautam Kumar @ Kumar GautamversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
Patna High Court CR. MISC. No.82853 of 2025(3) dt.05-05-2026
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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
           Patna High Court CR. MISC. No.82853 of 2025(3) dt.05-05-2026
                                                       3/3




                     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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