Created by Fuzzy Cloud

Patna High Court

Sugandh Kumar Gupta @ Sugandh Gupta @ Sugandh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners despite the serious nature of the charges.

Summary

The petitioners, Sugandh Kumar Gupta and Subodh Kumar, applied for regular bail in a case (PS Case No. 734 of 2025) involving offences under Sections 121, 121(1), 122, 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, where the FIR alleged that the accused assaulted an informant's son, leading to his death. The petitioners argued that they were not named in the FIR and their names emerged only during investigation, and that similar accused already obtained bail. The State opposed the bail, citing the seriousness of the charges. The Court considered the nature of the accusations, the length of custody, and the precedent of bail to the named accused, and decided to grant bail to both petitioners upon furnishing a bond of Rs. 10,000 with two sureties each. The order directed the Chief Judicial Magistrate, East Champaran, Motihari, to release the petitioners on bail.

Issues considered

  • Whether petitioners, who are not named in the FIR but are implicated during investigation, are entitled to regular bail for offences under the Bharatiya Nyaya Sanhita.
  • Whether the seriousness of the offences and the period of custody preclude the grant of bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • sections 121, 122, 103, 61
  • serious offences
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90674 of 2025
                    Arising Out of PS. Case No.-734 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
           1.     Sugandh Kumar Gupta @ Sugandh Gupta @ Sugandh Kumar son of Late
                  Himachal Prasad R/V -Thakurbari, Ward no 11, Near Panchmandir, PS-
                  Motihari Town District- East Champaran
           2.    Subodh Kumar @ Subodh Yadav son of Madan Ray Resident Of Village-
                 Mohadipur, Ps- chiraiya, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rana Vikram Singh, Advocate
                 For the Opposite Party/s :      Mr. Surendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   12-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners seek regular bail in connection with

                   Town P. S. Case No. 734 of 2025 in a case registered for the

                   offences punishable under Sections 121, 121(1), 122, 103(1),

                   61(2) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, all the F.I.R. named

                   accused persons assaulted the son of informant with knife, lathi

                   as a result of which, he died during treatment.

                                4. Learned counsel for the petitioners submits that

                   petitioners are not named in the F.I.R. and their names

                   transpired during course of investigation. There is no eye
              Patna High Court CR. MISC. No.90674 of 2025(2) dt.12-02-2026
                                                          2/2




                        witness to the occurrence. F.I.R. named accused persons have

                        already been granted regular bail by this Courtvide order dated

                        02.12.2025 passed in Cr. Misc. No. 82789 of 2025. Petitioner

                        no. 1 is in custody since 15.10.2025 and petitioner no. 2 is in

                        custody since 21.10.2025.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation, period of

                        custody and the fact that F.I.R. named accused persons have

                        already been granted bail, the bail application is allowed. Let the

                        above named petitioners be released on bail on furnishing bail-

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

                        the like amount each to the satisfaction of Chief Judicial

                        Magistrate, East Champaran, Motihari in connection with Town

                        P. S. Case No. 734 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.