Patna High Court
Bablu Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S. Act — s. 3(5), 351(2), 351(3), 74, 78
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.
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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
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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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