Ashish Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69676 of 2025 Arising Out of PS. Case No.-415 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Ashish Gautam S/O Vinay Kumar Singh R/O Vill.- Dhobauli, P.S.- Bidupur, Dist.- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP For the Informant :

Mr. Sachin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No. 441 of 2023, arising out of Bidupur P.S. Case No. 415 of 2022 for the offences registered under Sections 304(B), 34 of the Indian Penal Code.

3. This is the second bail petition filed on behalf of the petitioner. Earlier, this Court had rejected the bail petition of the petitioner on merit, vide order dated 23.01.2024 passed in Cr. Misc. No. 81317 of 2023.

4. Learned counsel for the petitioner submits that out of 10 prosecution witnesses only 4 witnesses have been examined so far and it is likely that trial would not conclude in

Patna High Court CR. MISC. No.69676 of 2025(3) dt.21-11-2025 2/3 near future. He further submits that the petitioner is in custody since 13.02.2023. He is ready to appear on each and every date as required in the trial. Petitioner will not tamper with the evidence. It is further submitted that since 28.05.2025 only one prosecution witness has been examined. Petitioner has no criminal antecedent.

5. Learned counsel appearing on behalf of the State and learned counsel for the informant oppose the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. XIth, Vaishali at Hajipur in connection with Sessions Trial No. 441 of 2023, arising out of Bidupur P.S. Case No. 415 of 2022, subject to following conditions:- (i) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(ii) The petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.69676 of 2025(3) dt.21-11-2025 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

(Sunil Dutta Mishra, J.) rakhi/- U T