Patna High Court
Nawendu Gautam @ Rahul PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 118(2), 133, 305(b), 309, 320, 338, 340, 352, 353, 61(2), 79
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
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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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