Patna High Court

Gautam Kumar @ Gautam MandalversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner subject to a bond and sureties.

Summary

Gautam Kumar (aka Gautam Mandal) was arrested in connection with a case arising from a mob that blocked NH‑333 and attacked police personnel, resulting in injuries and property damage. He sought bail for offences listed under Sections 191(2), 191(3), 190, 126(2), 115(2), 223, 121(2), 132, 109 and 352 of the Indian Penal Code. The petitioner claimed he was falsely implicated, arguing that the FIR contained only generic allegations and that he had no specific involvement, despite having thirteen prior criminal cases and being in custody since 6 June 2025. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedents. After hearing both sides, the court held that bail could be granted on condition of a Rs 10,000 bond with two sureties and the petitioner’s cooperation and presence at trial.

Issues considered

Whether the petitioner is entitled to bail despite multiple serious charges under the IPC.
Whether the allegations in the FIR are specific enough to justify continued detention.
Whether the petitioner’s prior criminal antecedents warrant denial of bail.

Legislation cited

Indian Penal Code — s. 109, 115(2), 121(2), 126(2), 132, 190, 191(2), 191(3), 223, 352

Subjects

bail
Indian Penal Code
criminal antecedent
mob violence
false implication
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87316 of 2025
                     Arising Out of PS. Case No.-41 Year-2025 Thana- BARIYARPUR District- Munger
                 ======================================================
                 Gautam Kumar @ Gautam Mandal, S/o Late Lakshmi Mandal, R/o Village-
                 Bareil Basa Pariya, P.S- Bariarpur, Dist- Munger (Bihar)


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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Krishna Prasad Singh, Sr. Advocate
                                                 Mr. Kundan Kumar Ojha, Advocate
                                                 Ms. Sadhna Parasher, Advocate
                                                 Mr. Navneet Prabhakar, Advocate
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Bariyarpur P.S. Case No. 41 of 2025 registered for the

                   offence punishable under Sections 191(2), 191(3), 190, 126(2),

                   115(2), 223, 121(2), 132, 109 and 352 of B.N.S.

                                 3. The case of the prosecution, in short, is that one

                   Devraj Kumar @ Devu was arrested by police in reference to

                   the Bariyarpur P.S. Case No. 176 of 2024 and the villagers have

                   blocked NH-333 and they were demanding his release and when

                   the police personnel intervened the mob became violent and

                   attacked with bricks, stones and sticks as a result of which the
Patna High Court CR. MISC. No.87316 of 2025(2) dt.05-01-2026
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          police personnel got injured and some public vehicles were

          damaged.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. From perusal of the F.I.R. it will transpire that in first part,

          10 persons are named and after that 15 more persons are named

          on the instance of statement of the arrested persons and spy. It

          has further been submitted that the nature of allegation is

          general and omnibus. There is no specific allegation against the

          petitioner. He has been framed in this case due to his

          antecedents. He is having criminal antecedent of thirteen cases.

          He is languishing in judicial custody since 06.06.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned

          A.C.J.M. 2nd , Munger in connection with Bariyarpur P.S. Case
             Patna High Court CR. MISC. No.87316 of 2025(2) dt.05-01-2026
                                                         3/3




                       No. 41 of 2025 with the condition that petitioner shall

                       cooperate in the trail and shall be present in the trail

                       whenever required.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T

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