Patna High Court

Gaurav Yadav @ Gaurav KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is allowed for the petitioners under Section 482(2) of the BNSS 2023.

Summary

The petitioners, Gaurav Yadav and Sourav Yadav, sought anticipatory bail in a dowry death case where they were alleged to have participated in the torture, harassment, and murder of the informant's daughter. The prosecution alleged offences under sections 103(1), 80, 238, 61(2) and 3(5) of the B.N.S., while the petitioners argued they were merely brothers‑in‑law with no involvement, clean antecedents, and that the informant was not an eye‑witness and the dowry demand allegation was vague. The State opposed the bail, contending the seriousness of the charges. The Court examined the lack of specific overt acts against the petitioners and their separate property status, and concluded that anticipatory bail could be granted. Accordingly, the Court ordered that if arrested within eight weeks, the petitioners be released on bail upon furnishing a bail‑bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS 2023 despite allegations under sections 103(1), 80, 238, 61(2) and 3(5) of the B.N.S.
Whether the petitioners have any specific involvement or overt act in the alleged dowry death
Whether the petitioners' clean antecedent and lack of property interest in the deceased’s affairs justify bail

Legislation cited

B.N.S. — s. 103(1), 238, 3(5), 61(2), 80
BNSS, 2023 — s. 482(2)

Subjects

anticipatory bail
dowry death
Section 482
B.N.S.
clean antecedent
bail bond
over‑torture and harassment
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2268 of 2026
                       Arising Out of PS. Case No.-157 Year-2025 Thana- BIHPUR District- Bhagalpur
               ======================================================
           1 . Gaurav Yadav @ Gaurav Kumar S/O Basudeo Yadav R/O Vill.-

                 Babhangama, P.S.- Bihpur, Dist.- Bhagalpur
           2.    Sourav Yadav @ Sourav Kumar S/O Basudeo Yadav R/O Vill.-

                 Babhangama, P.S.- Bihpur, Dist.- Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :        Mr. Rajesh Kumar , Advocate

                 For the Opposite Party/s :        Mr. Anil Kumar Singh No. 1, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                     Heard learned counsel for the petitioners and learned

                   A.P.P. for the State .

                                 2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under 103(1), 80, 238, 61(2) and 3(5) of

                   the B.N.S.

                                 3 . It is a case of dowry death. As per prosecution

                   case, informant alleged that marriage of his daughter was

                   solemnized with co-accused Gautam Yadav on 16.06.2025. It is

                   alleged that after marriage, all the F.I.R. named accused persons,

                   including this petitioner, committed torture and harassment with

                   daughter of informant due to non-fulfillment of additional
Patna High Court CR. MISC. No.2268 of 2026(2) dt.11-02-2026
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          demand of dowry and on 15.06.2025, all the accused persons

          committed murder of the victim and disappeared her dead

          body .

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are brothers-in -law of

          the deceased. Petitioners are separate in mess and property and

          have got no concern with the affairs of the deceased and her

          husband. Informant is not an eye witness of the alleged

          occurrence. Allegation of demand of dowry is general and

          omnibus and no specific accusation of overt act has been alleged

          against these petitioners. Thrust of accusation is against husband

          of deceased who is already in custody since 18.06.2025 .

          Petitioners claim clean antecedent.

                       5 . Learned A.P.P. for the State vehemently opposed the

          bail application.

                       6. Considering the aforesaid facts and circumstances of

          the case , this anticipatory bail is allowed and it is ordered that let

          the above named petitioners in the event of their arrest/surrender

          before the court below within a period of eight weeks from today,

          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        Judicial Magistrate 1st, Naugachia, District-

          Bhagalpur in connection with Bihpur P . S. Case No. 157 of
            Patna High Court CR. MISC. No.2268 of 2026(2) dt.11-02-2026
                                                        3/3




                      2025 , subject to condition as laid down under Section 482(2) of

                      the BNSS 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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