Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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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