Gautam Kumar @ Gautam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90900 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- KOTHI District- Gaya ====================================================== Gautam Kumar @ Gautam Paswan son of Harendra Paswan @ Harender Paswan Resident of Village- Barakala, Ps- Kothi, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwari, Advocate Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Kothi P.S. Case No. 23 of 2025 registered for the offence punishable under Sections 310(4), 310(5), 61(2) of the B.N.S., 2023 and Sections 25(1-B)a, 26, 35 of the Arms Act.

3. The case of the prosecution in short is that while police was proceeding for patrolling duty, four miscreants on a bike were intercepted; they started fleeing away seeing the police. Two persons were apprehended and were identified as Pawan Saw and Saba Khan and from their possessions, arms were recovered. The name of this petitioner was disclosed by the apprehended persons.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.90900 of 2025(2) dt.30-01-2026 2/2 offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner. He further submits that the co-accused namely, Pawan Saw and Saba Khan have been granted bail by this court in Cr. Misc. Nos. 70865 of 2025 and 53031 of 2025 respectively. The case of this petitioner stands on better footing. He further submits that the petitioner is languishing in judicial custody since 27.02.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of three cases.

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 Judicial Magistrate 1st Class, Sherghati, Gaya in connection with Kothi P.S. Case No. 23 of 2025.

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