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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a cash bond, sureties and specific conditions.

Summary

The petitioner, Gautam Kumar, was arrested on 15 September 2025 in connection with a case alleging that he, along with co‑accused, demanded a ransom of Rs. 25,000 and subsequently returned a motorcycle to the informant. He contended that the allegations were fabricated, that the co‑accused had actually seized only Rs. 17,000 and Rs. 2,000, and that he was falsely implicated. The petitioner sought bail, arguing innocence and noting that a co‑accused had already been granted bail in a related matter. The State opposed bail, pointing to the specific allegation of ransom demand and the petitioner’s two other pending cases. After considering the material, the Court ordered the petitioner’s release on bail upon furnishing a Rs. 10,000 bond with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • What is the appropriate discretion of the Court in granting bail to a petitioner accused of demanding ransom and other offences under the B.N.S.?
  • Does the existence of other pending criminal cases against the petitioner preclude the grant of bail in the present matter?

Legislation cited

  • B.N.S. — s. 110, 115, 126(2), 303(2), 3(5), 351(2), 352

Subjects

  • bail
  • ransom demand
  • false implication
  • Criminal Procedure Code
  • pre‑trial detention
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91530 of 2025
                     Arising Out of PS. Case No.-188 Year-2025 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Gautam Kumar S/o Narayan Yadav R/V Jharka, PS- Pipra, Dist- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Prafull Chandra Thakur, Advocate
                 For the State           :        Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-01-2026                    Heard Mr. Prafull Chandra Thakur, learned counsel for

                   the petitioner and Mr. Chandra Sen Prasad Singh, learned APP for

                   the State.

                                 2. Petitioner seeks bail, who is in custody since

                   15.09.2025, in connection with Kishanpur P.S. Case No. 188 of

                   2025, F.I.R. dated 10.09.2025                registered for the offences

                   punishable under Sections 126(2), 115, 110, 303(2), 352, 351(2),

                   3(5) of the B.N.S.

                                 3. Allegation against the petitioner is that he along with

                   other co-accused person demanded ransom Rs. 25,000/- from the

                   informant then he returned the motorcycle to the informant.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that although the petitioner is

                   named in the F.I.R. but from perusal of the F.I.R. it appears that
Patna High Court CR. MISC. No.91530 of 2025(2) dt.13-01-2026
                                            2/3




          co-accused person has snatched Rs. 17,000/- and Rs. 2,000/- from

          the informant and in collusion with the petitioner he has demnded

          Rs. 25,000/- from the informant then he returned the motorcycle to

          the informant. Learned counsel for the petitioner further submits

          that the allegation as alleged in the F.I.R. is false and fabricated

          and the petitioner has not committed any offence as alleged in the

          F.I.R. He further submits that co-accused person Mithilesh Kumar

          has been granted bail by a Coordinate Bench of this Court today in

          Cr. Misc. No. 90453 of 2025 and the police after investigation

          submitted chargesheet against the petitioner and the petitioner is in

          custody since 15.09.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner

          and submits that from perusal of the F.I.R. it appears that there is

          direct and specific allegation against the petitioner that he has

          demanded Rs. 25,000/- as ransom from the informant and apart

          from that the petitioner carries two more cases other than the

          present one but fairly submits on the basis of paragraph-3 of the

          bail petition that he is on bail in the pending matters.

                       6. Considering the facts and circumstances of the case,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand)            with two

          sureties of the like amount each to the satisfaction of learned
               Patna High Court CR. MISC. No.91530 of 2025(2) dt.13-01-2026
                                                           3/3




                         ADJ-IV, Supaul in connection with Kishanpur P.S. Case No. 188

                         of 2025, subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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