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Patna High Court

Nawendu Gautam @ Rahul PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Nawendu Gautam, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita relating to alleged offences concerning a land and house transaction. He had sold the property to his wife, while his brother (the informant) claimed the land as joint family property and alleged it was in their mother's name. The petitioner asserted his innocence, highlighted a pending partition suit, and noted that his wife had already been granted anticipatory bail. The State opposed the bail application, but the court considered the clean antecedent of the petitioner, the similar relief granted to his wife, and the family circumstances. Consequently, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the petitioner is entitled to bail in the pending criminal case under the Bharatiya Nyaya Sanhita.
  • Whether the circumstances, including the clean antecedent and similar bail granted to the co-accused, justify granting bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • property dispute
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • family land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1964 of 2026
                  Arising Out of PS. Case No.-138 Year-2025 Thana- GOPALPUR District- West Champaran
                 ======================================================
                 Nawendu Gautam @ Rahul Pandey Son of Late Ramdev Pandey R/O Village
                 - Sargatiya, P.S.- Gopalpur, District - West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Nilendu Gautam S/o- Late Ramdeo Pandey R/O Village - Sargatiya, P.S.-
                 Gopalpur, District - West Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Bimlesh Kumar Pandey, Advocate
                 For the State             :      Mr. Yogendra Kumar, APP
                 For the O.P. No. 2        :      Mr. Gyan Prakash, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   07-04-2026                            Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant/O.P.

                   No. 2.

                                        2. The petitioner apprehends his arrest in a case

                   registered under Sections 61(2), 79, 118(2), 320, 338, 340, 309,

                   352, 353, 133 and 305(b) of the Bharatiya Nyaya Sanhita.

                                    3. It is alleged that petitioner has sold the land and

                   house, situated at Khata No. 597, Plot No. 4076, having an area

                   of 06 dhurs and 10 dhurkis on 18.09.2024, by virtue of

                   registered sale deed in favour of his wife, namely, Prachi

                   Kumari. The informant/O.P. No. 2 has claimed the land and

                   house as the joint property of the parties and jamabandi of the
Patna High Court CR. MISC. No.1964 of 2026(3) dt.07-04-2026
                                            2/3




          subject land/house is running in the name of the informant's

          mother.

                            4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and has falsely

          been implicated in the present case. Further submission is that

          petitioner is full brother of the informant/O.P. No. 2 and he has

          also filed a Partition Suit No. 391 of 2025 which is pending

          before learned Sub-Judge, Bettiah, West Champaran. As a

          matter of fact, after the death of the father of the petitioner and

          informant, the informant got the appointment as Teacher on

          compassionate ground and has been residing in Sugauli. The

          petitioner was taking care of his mother and made all

          arrangement of marriage of his only sister, Niharika Kumari. As

          per the family arrangement, the mother of the petitioner and

          informant decided that the land and house in question shall go to

          the petitioner and accordingly, the petitioner executed sale deed

          in favour of his wife. Similarly situated co-accused person,

          namely, Prachi Kumari (wife of the petitioner) has already been

          granted anticipatory bail by a Co-ordinate Bench of this Court

          vide order dated 28.01.2026 passed in Cr. Misc. No. 2331 of

          2026. Petitioner has got no criminal antecedent and he

          undertakes to cooperate in the investigation and trial.
            Patna High Court CR. MISC. No.1964 of 2026(3) dt.07-04-2026
                                                        3/3




                                      5. Learned A.P.P. for the State and learned counsel

                      for the informant/O.P. No. 2 opposed the prayer for bail.

                                     6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties, nature

                      of allegation, similarly situated co-accused person has been

                      granted anticipatory bail and clean antecedent of the petitioner,

                      let the above named petitioner be released on bail, in the event

                      of arrest or surrender before the learned court below within a

                      period of six 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 Judicial Magistrate-I,

                      Bettiah, West Champaran in connection with Gopalpur P.S. Case

                      No. 138 of 2025, subject to the conditions as laid down under

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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