Patna High Court
Gautam Kumar @ Gautam Sunar @ Gautam Suner @ Gowtham Kumar @ Goumam SunarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, an 18‑year‑old student named Gautam Kumar, was arrested in connection with a case registered under Section 96 of the B.N.S. and has been in custody since 11 September 2025. The victim’s statement indicated no allegation against the petitioner and described a consensual relationship with a co‑accused. The petitioner, having no prior criminal record, sought regular bail, arguing his young age, clean antecedent, and the completion of investigation. The State opposed the bail application. Considering these factors, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 20,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 96 of the B.N.S. considering his age, lack of criminal antecedent, and the victim’s statement.
Legislation cited
- B.N.S. — s. 96
Subjects
- bail
- regular bail
- Section 96
- minor
- criminal antecedent
- investigation completed
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89107 of 2025
Arising Out of PS. Case No.-383 Year-2025 Thana- BUDDHACOLONY District- Patna
======================================================
Gautam Kumar @ Gautam Sunar @ Gautam Suner @ Gowtham Kumar @
Goumam Sunar, S/O Kumar Thapa, R/O Mohalla- Indrapuri Road No.- 24,
P.S.- Rajiv Nagar, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv.
Mr. Saket Kumar Singh, Adv.
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 1. Heard Mr. Krishna Prasad Singh, learned senior
counsel for the petitioner and Mr. Narendra Kumar Singh,
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Buddha Colony P. S. Case No. 383 of 2025, dated 09.09.2025
registered for the offence punishable under Section 96 of the
B.N.S.
3. The main submissions advanced by the petitioner's
counsel are that petitioner is a 18 year old young boy, bearing no
criminal antecedent and has been languishing in jail since
11.09.2025, the co-called victim has recorded her statement in
which she has not made any allegation against this petitioner
and stated that she went with the co-accused Ankit Kumar on
Patna High Court CR. MISC. No.89107 of 2025(2) dt.12-01-2026
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account of love affair with him and there was no allegation that
the petitioner persuaded the victim to leave the custody of her
guardians. It is further submitted that the petitioner is a student
having a bright career.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. Considering the aforesaid submissions, mainly
petitioner's young age, his fair and clean antecedent and his
custody period as well as completion of investigation against
him, this court is inclined to release him on bail. Accordingly,
let the petitioner named-above be enlarged on bail in connection
with Buddha Colony P. S. Case No. 383 of 2025 on furnishing
bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the Court
concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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