Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners, finding the allegations insufficient to deny bail.
Summary
The petitioners, Gaurav Kumar and Raushan Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109, 76 and 3(5) of the B.N.S. The prosecution alleged that they, along with others, assaulted the informant’s daughter, Usha Kumari, causing injuries and outraging her modesty. The petitioners contended that the incident stemmed from a land dispute, was a simple altercation, and that the injuries were minor as per a medical report; they also highlighted the two‑day delay in filing the FIR and their clean antecedents. The State opposed the bail, but the court noted the general and omnibus nature of the accusation, the parity with co‑accused who had already been granted anticipatory bail, and the petitioners’ clean record. Consequently, the court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S. The order applies if arrest occurs within eight weeks of the judgment.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault and outraging modesty under the cited sections of the B.N.S.
- Whether the general and omnibus nature of the accusation, minor injuries, and clean antecedents justify bail despite the State’s opposition
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 482(2), 76
Subjects
- anticipatory bail
- land dispute
- assault
- outraging modesty
- general accusation
- clean antecedents
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19655 of 2026
Arising Out of PS. Case No.-244 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
1. Gaurav Kumar son of Surendra yadav Resident of village- Bhikhamchak,
Ward no. 9, Ps- Bachhwara, Dist- Begusarai
2. Raushan Yadav @ Raushan Kumar Son of Prem Kumar yadav Resident of
village- Bhikhamchak, Ward no. 9, Ps- Bachhwara, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Aryan Singh, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109, 76 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that these
petitioners, along with other co-accused persons, assaulted by
means of khanti upon the head of the informant’s gotani’s
daughter namely, Usha Kumari, due to which she sustained
injuries and also outraged her modesty.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.19655 of 2026(2) dt.07-04-2026
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have committed no offence. As a matter of fact, both parties are
co-villagers and due to land dispute between the parties, a
simple maar-peet took place in which both sides sustained
injuries. There is case and counter-case. Allegation of assault is
general and omnibus and no specific accusation of overt act has
been alleged against these petitioners. He further submits that
the injured was medically examined at Primary Health Center,
Bachhwara, Begusarai and the doctor, who examined the injured
person, namely, Usha Kumari, found the injury to be simple in
nature. He next submits that the occurrence took place on
05.07.2025 but the FIR was lodged on 07.07.2025, after a delay
of two days of the occurrence but there is no any plausible
explanation in this regard, which itself makes the entire
prosecution case doubtful. It is further submitted that similarly
situated co-accused persons have already been granted the
privilege of anticipatory bail by a Co-ordinate Bench of this
Hon’ble Court vide order dated 12.03.2026 passed in Cr. Misc.
No. 12753 of 2026. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
Patna High Court CR. MISC. No.19655 of 2026(2) dt.07-04-2026
3/3
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, nature of
injuries sustained by the injured, case and counter-case, claim
based on parity and clean antecedents of the petitioners, the
prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Begusarai in connection with Bachhwara P.S. Case
No. 244 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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