Patna High Court
Gauneshwar MehtaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to petitioners No.1 and No.2 subject to the stipulated conditions.
Summary
The petitioners, three members of the Mehta family from Jhahura village, applied for anticipatory bail in connection with a land‑dispute related case (Laukaha P.S. Case No.103 of 2025) where they were alleged to have assaulted an informant and his nephew and to have stolen jewellery and cash. The FIR, filed on 12‑12‑2025, recorded offences under several sections of the Bharatiya Nyaya Sanhita, 2023, for an incident that occurred on 29‑11‑2025. While petitioner No.3 (Sikandar Mehta) had already been arrested, the petitioners argued that the FIR was delayed, the parties were agnates, and there was a counter‑case filed by them, seeking bail. The State opposed bail but acknowledged the land dispute and FIR delay. The Court, considering the facts, granted anticipatory bail to petitioners No.1 and No.2 subject to surrender within four weeks, a bail bond of Rs.30,000 each, and conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to petitioners No.1 and No.2 despite the alleged offences and the existence of a land dispute
- Whether the delay in filing the FIR and the existence of a counter‑case affect the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- land dispute
- FIR delay
- agnates
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23679 of 2026
Arising Out of PS. Case No.-103 Year-2025 Thana- Lokha District- Supaul
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1. Gauneshwar Mehta Son of Late Fudan Mehta Resident of Village - Jhahura
Ward No. 2, P.S- Laukaha, District - Supaul.
2. Bhupendra Mehta Son of Guneshwar Mehta Resident of Village - Jhahura
Ward No. 2, P.S- Laukaha, District - Supaul.
3. Sikandar Mehta Son of Guneshwar Mehta Resident of Village - Jhahura
Ward No. 2, P.S- Laukaha, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Adv.
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 03-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. Learned counsel for the petitioners submit that
during pendency of the bail application, the petitioner no. 3 has
been arrested. Therefore, he submits that he is not pressing this
bail application with regard to the petitioner no. 3.
4. Accordingly, the present anticipatory bail
application stands dismissed as having become infructuous only
with regard to the petitioner no. 3 namely, Sikandar Mehta.
Patna High Court CR. MISC. No.23679 of 2026(3) dt.03-06-2026
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5. The petitioner nos. 1 and 2 are apprehending arrest
in connection with Laukaha P.S. Case No.103 of 2025 lodged on
12.12.2025, for the offence punishable under Sections 126(2),
115(2), 118(1), 76, 303(2), 352, 351(2) & 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
6. As per the prosecution, FIR has been lodged against
10 named accused persons including the petitioners. The
allegation against the petitioner no.1 is that he is the order giver
and on his instance, the petitioner nos. 2 and 3 have assaulted
the informant as well as his nephew, due to which, injury has
been caused. Further allegation of snatching jewellery and cash
is also there in the FIR.
7. Learned counsel for the petitioners submit that the
petitioner nos.1 and 2 are innocent and have committed no
offence. He submits that admittedly the date of occurrence is
29.11.2025, but the FIR has been lodged on 12.12.2025.
Counsel further submits that the informant and accused persons
are agnates and due to land dispute, scuffling took place
between the parties which is apparent from the cause of dispute
alleged in the FIR itself. Counsel further submits that the
present FIR has been filed with the delay of about 13-14 days.
He submits that for the same date and place of occurrence, the
Patna High Court CR. MISC. No.23679 of 2026(3) dt.03-06-2026
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petitioners’ side have also filed a criminal case against the
informant’s side before the Chief Judicial Magistrate, Supaul.
He submits that open fight took place from both the sides due to
which, both parties injured. He submits that the injury reports of
the informant and his nephew have been annexed which show
that the injury is grievous in nature with regard to the
informant’s nephew and the injury of the informant is simple in
nature. He further submits that the petitioner nos.1 and 2 have
clean antecedent.
8. Learned APP for the State opposes the prayer for
bail of the petitioner nos.1 and 2 but fairly submits that there is
an admitted land dispute between the parties, there is also a
delay of about 13-14 days in filing the FIR, parties are agnates
and the petitioner no.1 is the order giver. The petitioner no.3 has
been arrested, therefore, this anticipatory bail application has
become infructuous for him.
9. As such, in the present facts and circumstances of
this case considering that the parties are resident of the same
village and are agnates, there is an admitted land dispute, there
is also a delay of about 13-14 days in filing the FIR as well as
there is case and counter case from both the sides, therefore, let
the above named petitioner nos.1 and 2 be released on bail, in
Patna High Court CR. MISC. No.23679 of 2026(3) dt.03-06-2026
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the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
Judicial Magistrate 1st Class, Supaul, in connection with
Laukaha P.S. Case No.103 of 2025, subject to the conditions as
laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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