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Patna High Court

Gaurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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