Patna High Court – Orders
Gautam Kumar vs The State Of Bihar on 20 February, 2026
Author: Ajit Kumar
Bench: Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3281 of 2026
Arising Out of PS. Case No.-19 Year-2023 Thana- NIMACHANDPURA District- Begusarai
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1. Gautam Kumar Son of Kapildeo Rai @ Kapildev Rai @ Kapildev Ray R/o
Village - Ramanand Nagar , P.S.- Neemachandpura(Nimchandpura), District
- Begusarai.
2. Kapildeo Rai @ Kapildev Rai @ Kapildev Ray Son of Chano Rai R/o
Village - Ramanand Nagar , P.S.- Neemachandpura(Nimchandpura), District
- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mr.Sanjay Kumar Pandey
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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 20-02-2026
Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Neemachandpura (Nimachandpura) P.S. Case
No.19 of 2023, F.I.R dated 05.02.2023 registered for the
offences punishable under Sections 147, 149, 323, 504, 302, 506
of the Indian Penal Code.
3. According to prosecution case, on 05.02.2023 at
about 4:00 PM, the informant, Ajit Kumar of Village Ramanand
Nagar, Begusarai, was feeding his cattle at his house when eight
named accused persons arrived armed with lathis and began
abusing him. When the informant and his father protested, the
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accused allegedly assaulted the informant and his brothers, Amit
Kumar and Sumit Kumar, with lathis and dandas. When the
informant’s father intervened to rescue them, the accused also
assaulted him with fists and slaps, causing him to fall to the
ground. It is alleged that two of the accused, Hareram Mahto
and Kapildeo Rai, pressed the father’s hydrocele with the
intention to kill him, resulting in his death. The informant
claims that all accused acted with common intention and that the
incident was witnessed by Sundri Devi, Amit Kumar, Sumit
Kumar, and Babli Kumari.
4. Learned counsel for the petitioners submits that the
allegations against these petitioners is of pressing testicles of the
informant’s father along with one Kapildeo Rai, the matter was
investigated and for lack of evidence, final form is said to have
been submitted by the Police. From perusal of the post-mortem
report, the cause of death is said to be due to asphyxia caused by
compression of chest and fracture of sternum. It has next been
submitted that the final form submitted by the Police, has not
been accepted by the learned Trial Court and differing with the
same, cognizance has been taken and owing to such, the instant
anticipatory bail application has been filed. It has further been
submitted similarly situated co-accused persons have been
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granted bail by a Co-ordinate Bench of this Court vide order
dated 04.02.2026 passed in Cr. Misc. No.6302 of 2026.
5. Learned APP for the State vehemently opposed the
prayer for anticipatory bail application and submits that there is
serious allegation of pressing the testicles, owing to which death
has occurred.
6. Considering the aforesaid facts and circumstances
that the cause of death is due to asphyxia caused by
compression of chest and fracture of sternum and there is no
specific allegation against these petitioners rather the allegations
are general and omnibus in nature. Accordingly, this Court is
inclined to grant the privilege of anticipatory bail to the
petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, 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 Judicial Magistrate, 1st Class, Begusarai, in
connection with Neemachandpura (Nimachandpura) P.S. Case
No.19 of 2023, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
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482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
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;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
