Ashish Gautam Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Ashish Gautam Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner enlarged on bail on 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, subject to conditions of appearing on every trial date and refraining from inducing/threatening witnesses or tampering with evidence.

Issue for consideration

Whether the petitioner, Ashish Gautam, facing trial in Sessions Trial No. 441 of 2023 arising out of Bidupur P.S. Case No. 415 of 2022 for offences under Sections 304(B) and 34 IPC, should be enlarged on regular bail in his second bail petition, considering period of custody and slow pace of trial.

Court's answer

Considering the submissions made on behalf of the parties, the facts and circumstances of the case and the period of custody, the petitioner is 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.

Ratio / Principle

Condition of bail: 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.

Key takeaways

Condition of bail: the petitioner shall not try to induce, 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.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J.), by oral order dated 21-11-2025 in Criminal Miscellaneous No.69676 of 2025, allowed the second regular-bail application of Ashish Gautam, an accused in Sessions Trial No. 441 of 2023 arising out of Bidupur P.S. Case No. 415 of 2022 (Vaishali), registered under Sections 304(B) and 34 IPC. His earlier bail petition had been rejected on merit by this Court on 23.01.2024 in Cr. Misc. No. 81317 of 2023. Bail was granted noting that he has been in custody since 13.02.2023, only 4 of 10 prosecution witnesses have been examined (and only one witness since 28.05.2025), and the trial is unlikely to conclude soon. The petitioner was directed to be enlarged on bail on a bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. XIth, Vaishali at Hajipur, on conditions that he appear on each and every trial date (failure on two consecutive dates without plausible reason entailing cancellation by the Trial Court) and that he not induce, promise or threaten witnesses or tamper with evidence, failing which the State may seek cancellation of the bail bonds. The State and the informant opposed the bail prayer.

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

3 21-11-2025

Heard learned counsel for the petitioner and learned

APP for the State.

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.

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.

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.

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

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/-

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