Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20040 of 2025 Arising Out of PS. Case No.-198 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Gautam Kumar S/O Shankar Vidyarthi R/O Mohalla- 137 China Koti Harijan Colony, P.S- Budha Colony, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Alexander Ashok, Advocate For the State :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Bettiah Town P.S. Case No. 198 of 2023, dated 16.03.2023, registered for the offences punishable under Sections 420, 467, 468 and 471 of Indian Penal Code.
3. As per allegation, the petitioner is alleged to have got employment of Special Survey Amin on the basis of fake certificate.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that similarly situated many co-accused have been enlarged on anticipatory bail vide order dated
Patna High Court CR. MISC. No.20040 of 2025(2) dt.23-04-2025 2/3 23.08.2023 and 19.08.2023 passed in Cr. Miscellaneous Nos. 54312 of 2023, 50895 of 2023 and 53017 of 2023, respectively by coordinate Benches of this Court.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has been made accused in another case in which he is on bail.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering that the similarly situated co-accused have already been enlarged on anticipatory bail by coordinate Benches of this Court, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Bettiah Town P.S. Case No. 198 of 2023, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the
Patna High Court CR. MISC. No.20040 of 2025(2) dt.23-04-2025 3/3 following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Ramesh, S.Ali/- U T