Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25230 of 2026 Arising Out of PS. Case No.-162 Year-2025 Thana- PANDARAK District- Patna ====================================================== Gautam Kumar S/o Mangal Yadav @ Awdhesh Kumar R/o Lemuabad, P.S.- Pandarak, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-04-2026 Heard Mr. Dhirendra Prasad Sinha, learned counsel for the petitioner as well as Md. Shakir Ahmad, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 19.09.2025 in connection with Pandarak P.S. Case No. 162 of 2025, F.I.R. dated 19.09.2025 for the offences punishable under Sections 25(1-b)a/26/27/35 of the Arms Act.
3. According to prosecution case, on secret informant when the police reached the place of occurrence, they saw miscreants fleeing away. Two of them were apprehended by the police and one of them disclosed himself as the petitioner. On search one country made pistol was recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.25230 of 2026(2) dt.16-04-2026 2/3 petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He next submits that seizure list witnesses are police personnel and there is noncompliance of Section 103 of BNSS. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 19.09.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries four criminal antecedents other than the present one.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Barh, Patna in connection with Pandarak P.S. Case No. 162 of 2025, subject to the following conditions:- i. 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
Patna High Court CR. MISC. No.25230 of 2026(2) dt.16-04-2026 3/3 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 antecedent, 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) Suruchi/- U T