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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Gautam Kumar, applied for bail in a case registered under Sections 366A and 34 of the Indian Penal Code, alleging that he was falsely implicated as the uncle of co‑accused Sachin Kumar. The prosecution alleged that the petitioner abducted the victim. The petitioner’s counsel argued that the victim and Sachin Kumar had married and that Sachin had already been granted bail by a coordinate bench of the same court. The court considered the claim of innocence and the precedent of bail granted to the co‑accused. Accordingly, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 366A and 34 of the IPC in view of the alleged false implication and the bail granted to the co‑accused.

Legislation cited

Subjects

  • bail
  • kidnapping
  • Section 366A
  • Section 34
  • Indian Penal Code
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88125 of 2025
                     Arising Out of PS. Case No.-190 Year-2024 Thana- KHIJARSARAI District- Gaya
                 ======================================================
                 Gautam Kumar son of Late Krishna Singh Resident Of Village - Lodipur Ps-
                 Khizersarai District- Gaya

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar bihar
           2.    X son of Late Surendra Singh Resident Of Village - Lodipur Ps- Khizersarai
                 District- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sunil Kumar
                 For the Opposite Party/s :        Mr.Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   19-03-2026                                Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Khizersarai P.S. Case No. 190 of 2024 registered for the offence

                   under Sections 366A/34 of the Indian Penal Code.

                                   3. As per the prosecution case, the petitioner is

                   said to have abducted the victim.

                                   4. The petitioner is in custody since 30.10.2025.

                                   5. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he being the

                   Mama of the co-accused Sachin, has falsely been implicated in

                   this case. He further submits that the victim and Sachin Kumar
          Patna High Court CR. MISC. No.88125 of 2025(3) dt.19-03-2026
                                                      2/2




                    have got married and Sachin Kumar has already been granted

                    bail by a co-ordinate Bench of this Court vide order dated

                    2.12.2024 passed in Cr. Misc. No. 81631 of 2024.

                                    6. Considering the aforesaid facts, this application

                    is allowed.

                                      7. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned concerned Court below, where the case is pending,

                    in connection with Khizersarai P.S. Case No. 190 of 2024.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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