Patna High Court
Gautam Kumar @ GoluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions, under its inherent powers.
Summary
The petitioners, Gautam Kumar and Dinesh Yadav, sought anticipatory bail fearing arrest in a case registered under multiple offences of the Bharatiya Nyaya Sanhita. They contended that they have clean antecedents and were falsely implicated by an informant, arguing that the FIR does not specifically allege assault against them. The State opposed the bail, maintaining that the allegations warrant prosecution. The Court examined the lack of specificity in the charges and the petitioners' clean record, and exercised its inherent powers under Section 482(2) of the BNSS. It ordered that, should they be arrested or surrender within six weeks, they be released on anticipatory bail upon furnishing bail bonds and sureties of Rs. 10,000 each, subject to the usual conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the provisions of the Bharatiya Nyaya Sanhita given the alleged lack of specific allegations against them
- Whether the inherent powers of the court under Section 482(2) BNSS can be invoked to grant anticipatory bail in this circumstance
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352(2), 482(2)
Subjects
- anticipatory bail
- false implication
- specific allegation
- Bharatiya Nyaya Sanhita
- Section 482
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17044 of 2026
Arising Out of PS. Case No.-342 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
1. Gautam Kumar @ Golu Son of Indradev Yadav Resident of Village -
Datroul, P.S. - Pakriwarwan, Dist. - Nawada.
2. Dinesh Yadav @ Dines Kumar Son of Chandrika Yadav Resident of Village
- Datroul, P.S. - Pakriwarwan, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Ranjan
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 117(2), 109, 303(2), 352(2), 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the accused
persons came and started abusing and enquired about her father-
in-law, on objection by her mother-in-law not to abuse her
husband, Chandrika Yadav assaulted her by rod causing injury
on head and thereafter Indradev and Amirak assaulted the
Patna High Court CR. MISC. No.17044 of 2026(2) dt.09-04-2026
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informant by Khanti causing injury on head and hand, further
Dinesh, Vikash and Ajit assaulted her brother-in-law causing
injury on head and hand and other accused assaulted her sister-
in-law causing injury on hand and body and also assaulted her
other son-in-law
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that no
specific allegation of assault is alleged alleged against the
petitioner no. 1 and as far as petitioner no. 2 is concerned, he is
alleged to have assaulted the brother-in-law of the informant on
head and hand along with Vikash and Ajit, thus the allegation of
assault is not specific. It is also submitted that petitioners are not
criminals.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
Patna High Court CR. MISC. No.17044 of 2026(2) dt.09-04-2026
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sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Pakriwrawan P.S. Case No. 342 of 2025,
subject to the conditions as laid down under Section 482 (2) of
the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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