Patna High Court
Gautam Kumar @ Gautam RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, Gautam Kumar and Chandan Kumar, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Indian Penal Code and Section 9 of the Bihar Control of Use and Play of Loudspeaker Act. They claimed to have clean antecedents and alleged that the FIR was based on a vague, omnibus description of stone‑pelting during a Durga idol immersion procession that reached a mosque, leading to their false implication. The State opposed the bail, arguing the seriousness of the alleged offences. The Court examined the submissions and, noting the lack of specific incriminating material against the petitioners, ordered that they be released on anticipatory bail if arrested or surrendered within six weeks, subject to a bail bond of Rs.10,000 and two sureties, and conditions under Section 438(2) of the Cr.P.C. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. to the petitioners despite the serious nature of the offences alleged in the FIR.
- Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
- Whether the petitioners have been falsely implicated in the case.
Legislation cited
- Indian Penal Code — s. 120, 147, 148, 149, 153, 188, 290, 295, 296, 307, 332, 333, 337, 338, 353, 427
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- communal violence
- stone pelting
- Loudspeaker Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89140 of 2025
Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran
======================================================
1. Gautam Kumar @ Gautam Ram S/o- Laxmi Ram Mohalla- Nai Bazar Near
Chhoti Masjid P.s. Bhawan Bazar, Dist- Saran
2. Chandan Kumar Ram S/o- Sitaram Mohalla- Nai Bazar Near Chhoti Masjid
P.s. Bhawan Bazar, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Srivastva, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 147, 148,
149, 188, 290, 153(A), 295, 295(A), 296, 337, 338, 307, 332,
333, 353, 427 and 120(B) of the Indian Penal Code as well as
Section 9 of Bihar Control of Use and Play of Loudspeaker Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that during immersion of idol of Goddess Durga, both
communities started pelting stones on each other, when the
procession reached near a mosque.
Patna High Court CR. MISC. No.89140 of 2025(2) dt.18-02-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that
allegation of pelting stones is general and omnibus in nature. It
is next submitted that petitioners are residents of nearby place,
as such, they came to be implicated.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, let petitioners, above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-1st, Saran at Chapra in connection
with Bhagwan Bazar P.S. Case No.423 of 2023, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J)
Sanjay/-
U T
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