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Patna High Court

Bablu Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Bablu Kumar Gupta, was arrested in connection with a FIR alleging that he harassed and threatened a woman with rape, kidnapping, and defamation via phone calls and social media. The petitioner contended that the FIR was filed on mere suspicion, that no overt act occurred, and that he and the informant had a personal dispute, emphasizing his clean antecedent. The State opposed bail, arguing the seriousness of the alleged offences under Sections 74, 78, 351(2), 351(3) read with Section 3(5) of the B.N.S. Act. The High Court considered the facts, the petitioner’s custody since August 2025, and his lack of prior convictions, and ordered his release on bail with a bond of Rs.10,000 and two sureties, imposing conditions of personal appearance and compliance. The order also stipulated cancellation of bail for non‑appearance or concealment of antecedents, and clarified that any observations would not affect the trial.

Issues considered

  • Whether bail should be granted in a case involving alleged harassment, threats of rape, kidnapping, and defamation under the B.N.S. Act.
  • Whether the FIR, being based on suspicion without proven overt act, justifies bail.
  • Whether the petitioner’s clean antecedent and personal circumstances warrant release on bail.

Legislation cited

Subjects

  • bail
  • harassment
  • threat to rape
  • defamation
  • B.N.S. Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85454 of 2025
                         Arising Out of PS. Case No.-237 Year-2025 Thana- TEKARI District- Gaya
                 ======================================================
                 Bablu Kumar Gupta S/O Mahesh Kumar Gupta R/o Mohalla- Tekari Bazar,
                 Chandralok Medical, P.S.- Tekari, Dist.- Gayaji

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Sinha, Adv.
                                                  Mr. Alok Kumar Alok, Adv.
                 For the Opposite Party/s :       Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   06-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                 2. The petitioner seeks bail in connection with Tekari

                   P.S. Case No. 237 of 2025 dated 23.05.2025 registered for the

                   offences punishable under Sections 74, 78, 351(2), 351(3) read

                   with Section 3(5) of the B.N.S. Act.

                                 3.     As per the prosecution case, the informant has

                   alleged that the petitioner was harassing the informant for the last

                   two months by calling on her mobile phone and had threatened to

                   rape her. When the informant switched off her mobile, the

                   petitioner was thereafter again threatening to kidnap her and also

                   threatening to commit rape on her. Further, the petitioner also

                   threatened to defame the informant by uploading her photo on

                   Facebook.
Patna High Court CR. MISC. No.85454 of 2025(2) dt.06-01-2026
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                        4. Learned counsel for the petitioner submits that the

          present F.I.R. has been filed only on the suspicion and no incident

          as alleged has ever occurred. It has further been submitted that the

          petitioner and the informant are known to each other and on

          account of some differences, the present F.I.R. has been lodged

          and there is no specific allegation of overt act alleged against the

          petitioner.     It is lastly submitted that the petitioner has clean

          antecedent and he is in custody since 10.08.2025.

                        5. Learned A.P.P. has vehemently opposed the prayer

          for bail of the petitioner.

                        6. Considering the facts and circumstances of the case,

          the petitioner is directed to be released on bail on his furnishing

          bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          A.C.J.M.-VI, Gaya in connection with Tekari P.S. Case No. 237 of

          2025 subject to the following terms and conditions :-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                        (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner
           Patna High Court CR. MISC. No.85454 of 2025(2) dt.06-01-2026
                                                       3/3




                     will liable to be cancelled by the Court concerned.

                                  (iv) The trial court shall verify the criminal antecedent

                     of the petitioner and in case, at any stage, it is found that the

                     petitioner has concealed his criminal antecedents, the trial court

                     shall take necessary steps for cancellation of bail bond of the

                     petitioner. However, the acceptance of bail bond in terms of the

                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                  7. It is made clear that the observations, if any, made in

                     this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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