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Patna High Court

Gautam Yadav @ Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to pre‑arrest bail as the FIR does not specifically implicate them and they have a prima facie case for release.

Summary

The petitioners, five members of the Yadav family, applied for pre‑arrest bail in a case arising from a land dispute where an FIR alleged assault, firing and other offences under several sections of the Bihar Non‑Applicable Special (BNS) Act. The FIR was based on a written report by a relative and alleged that the petitioners participated in a confrontation but did not attribute any specific overt act to them, nor were any firearm injuries reported. The petitioners argued they were falsely implicated, had clean antecedents, and that the injuries were minor. The State opposed the bail, but the Court observed that the allegations were general, no specific act was linked to the petitioners, and the background of a land dispute suggested a case‑and‑counter‑case scenario. Consequently, the Court held that the petitioners had a prima facie case for pre‑arrest bail and ordered their release on bail with a bond and sureties, subject to verification of criminal antecedents.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the FIR alleging multiple offences under the BNS Act.
  • Whether the lack of specific overt acts attributed to the petitioners and their clean antecedent justify granting bail.

Subjects

  • pre‑arrest bail
  • land dispute
  • FIR
  • Bihar Non‑Applicable Special Act
  • clean antecedent
  • bail bond
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16065 of 2026
                    Arising Out of PS. Case No.-107 Year-2025 Thana- NAYAGAON District- Begusarai
                 ======================================================
           1.     Gautam Yadav @ Gautam Kumar Son of Shankar Yadav Resident of
                  Village- Lal Diyara, P.S.- Ballia (Balliya), District- Begusarai
           2.    Shiv Kumar Yadav @ Ram Kumar Son of Shankar Yadav Resident of
                 Village- Lal Diyara, P.S.- Ballia (Balliya), District- Begusarai
           3.    Shankar Yadav Son of Late Bhuni Yadav @ Bhuni Yadav @ Bhuneshwar
                 Yadav Resident of Village- Lal Diyara, P.S.- Ballia (Balliya), District-
                 Begusarai
           4.    Tikar Yadav @ Amit Kumar Son of Fucho Yadav @ Rambilash Yadav @
                 Rambilas Yadav Resident of Village- Lal Diyara, P.S.- Ballia (Balliya),
                 District- Begusarai
           5.    Fucho Yadav @ Rambilash Yadav @ Rambilas Yadav Son of Late Bhuni
                 Yadav @ Bhuni Yadav @ Bhuneshwar Yadav Resident of Village- Lal
                 Diyara, P.S.- Ballia (Balliya), District- Begusarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :       Mr.Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   04-05-2026                  Heard Mr. Sandip Kumar Gautam, learned counsel

                   appearing on behalf of the petitioners and Mr. Nagendra Prasad,

                   learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Nayagaon P.S. Case No. 107/2025 registered for the

                   offence(s)                 punishable             under               Sections

                   191(2),126(2),115(2),109,303(2),352,351(2) of the BNS.

                                3. As per the allegation made in the FIR, the
Patna High Court CR. MISC. No.16065 of 2026(3) dt.04-05-2026
                                            2/4




          informant, Gautam Kumar, submitted a written report on

          29.12.2025 before the S.H.O., Nayagaon Police Station,

          Begusarai, alleging that while he along with his brothers had

          gone to their agricultural field for cutting grass, one Gautam

          Yadav (petitioner no.1) arrived there, abused them and, upon

          protest, called other co-accused persons, thereafter the F.I.R.-

          named accused along with some unknown persons assembled at

          the place of occurrence.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and they have

          falsely been implicated in the present case. Learned counsel

          further submitted that from the perusal of the F.I.R. it appears

          that though allegations of assault and firing have been made

          against several accused persons, no specific overt act is

          attributed to the petitioners and no firearm injury has been

          sustained by any person. The incidence arises out of a land

          dispute between the parties and there is a case and counter case

          between the parties. Injuries are simple in nature. The

          petitioners have clean antecedent. On these grounds, the

          petitioners seek to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.
Patna High Court CR. MISC. No.16065 of 2026(3) dt.04-05-2026
                                            3/4




                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR, it appears that the allegations in the F.I.R. are general

          and omnibus in nature and no specific overt act has been

          attributed to the petitioners. Though allegation of firing has been

          made, admittedly no firearm injury has been sustained by any

          person. The materials on record further indicate that the

          occurrence has taken place in the background of a land dispute

          and there exists a case and counter-case between the parties. The

          injuries are simple in nature and the petitioners have clean

          antecedents, I am of the opinion that petitioners have, prima

          facie, made out a case to be released on pre-arrest bail.

                       7. The petitioners, above named, are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned District Court where the case

          is pending / Concerned Court in connection with Nayagaon P.S.

          Case No. 107/2025 , subject to the conditions as laid down

          under Section 482(2) of the BNSS.

                       8. The learned District Court is directed to verify
           Patna High Court CR. MISC. No.16065 of 2026(3) dt.04-05-2026
                                                       4/4




                     the criminal antecedent of the petitioners and if it is found

                     that the petitioners are involved in some other cases, as

                     what has been stated in paragraph no.3 of the bail

                     application, this order will automatically lose its force.




                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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