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Patna High CourtCR. MISC./87316/2025allowed

Gautam Kumar @ Gautam Mandal v. The State Of Bihar

2026-01-05Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87316 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- BARIYARPUR District- Munger ====================================================== Gautam Kumar @ Gautam Mandal, S/o Late Lakshmi Mandal, R/o VillageBareil Basa Pariya, P.S- Bariarpur, Dist- Munger (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Kundan Kumar Ojha, Advocate Ms. Sadhna Parasher, Advocate Mr. Navneet Prabhakar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bariyarpur P.S. Case No. 41 of 2025 registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 223, 121(2), 132, 109 and 352 of B.N.S.

3. The case of the prosecution, in short, is that one Devraj Kumar @ Devu was arrested by police in reference to the Bariyarpur P.S. Case No. 176 of 2024 and the villagers have blocked NH-333 and they were demanding his release and when the police personnel intervened the mob became violent and attacked with bricks, stones and sticks as a result of which the

Patna High Court CR. MISC. No.87316 of 2025(2) dt.05-01-2026 2/3 police personnel got injured and some public vehicles were damaged.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the F.I.R. it will transpire that in first part, 10 persons are named and after that 15 more persons are named on the instance of statement of the arrested persons and spy. It has further been submitted that the nature of allegation is general and omnibus. There is no specific allegation against the petitioner. He has been framed in this case due to his antecedents. He is having criminal antecedent of thirteen cases. He is languishing in judicial custody since 06.06.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 2nd , Munger in connection with Bariyarpur P.S. Case

Patna High Court CR. MISC. No.87316 of 2025(2) dt.05-01-2026 3/3 No. 41 of 2025 with the condition that petitioner shall cooperate in the trail and shall be present in the trail whenever required.

(Ashok Kumar Pandey, J) lata/- U T