Created by Fuzzy Cloud

Patna High Court

Gautam Kumar @ GoluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.