Patna High Court
Sugandh Kumar Gupta @ Sugandh Gupta @ Sugandh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 103(1), 121, 121(1), 122, 61(2)
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
Checking your session…