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Patna High Court

Gautam Kumar @ Gautam RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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