Patna High Court
Gautam Kumar @ Gautam PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, ordering his release on a bail bond with sureties.
Summary
Gautam Kumar petitioned for bail in a case registered under Sections 310(4), 310(5), 61(2) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑Ba), 26 and 35 of the Arms Act. The prosecution alleged that during a police patrol four miscreants fled, two were apprehended (Pawan Saw and Saba Khan) and arms were recovered; the petitioner’s name was disclosed by the apprehended persons. The petitioner claimed innocence, stating no arms were found on him and that the co‑accused had already been granted bail, while the State highlighted three prior criminal cases against him. After hearing both sides, the court considered the seriousness of the offences, the petitioner’s alleged lack of direct involvement, and his antecedents, and decided to enlarge bail. The court ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate.
Issues considered
- Whether bail should be granted in a case involving serious offences under the B.N.S. Act and the Arms Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the evidence linking the petitioner to the recovered arms is sufficient to justify continued detention.
Legislation cited
- Arms Act — s. 25(1‑Ba), 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 310(4), 310(5), 61(2)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- judicial custody
- antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90900 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- KOTHI District- Gaya
======================================================
Gautam Kumar @ Gautam Paswan son of Harendra Paswan @ Harender
Paswan Resident of Village- Barakala, Ps- Kothi, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwari, Advocate
Mr. Sudhir Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Kothi P.S. Case No. 23 of 2025 registered for the offence
punishable under Sections 310(4), 310(5), 61(2) of the B.N.S.,
2023 and Sections 25(1-B)a, 26, 35 of the Arms Act.
3. The case of the prosecution in short is that while
police was proceeding for patrolling duty, four miscreants on a
bike were intercepted; they started fleeing away seeing the police.
Two persons were apprehended and were identified as Pawan Saw
and Saba Khan and from their possessions, arms were recovered.
The name of this petitioner was disclosed by the apprehended
persons.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.90900 of 2025(2) dt.30-01-2026
2/2
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner submits that nothing has been recovered
from the possession of the petitioner. He further submits that the
co-accused namely, Pawan Saw and Saba Khan have been granted
bail by this court in Cr. Misc. Nos. 70865 of 2025 and 53031 of
2025 respectively. The case of this petitioner stands on better
footing. He further submits that the petitioner is languishing in
judicial custody since 27.02.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Sherghati, Gaya in connection with Kothi
P.S. Case No. 23 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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