Patna High Court
Gautam Das @ Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under the Bhartiya Nyaya Sanhita, 2023.
Summary
The petitioner, Gautam Das, was named in an FIR (Lakho P.S. Case No. 09 of 2026) alleging looting, assault, and other offences under multiple sections of the Bhartiya Nyaya Sanhita, 2023. He contended that the dispute arose from a family partition issue and that he had no criminal antecedent, arguing that the FIR lacked specific details of the alleged loot. The State opposed bail, noting the seriousness of the charges but also acknowledging the familial nature of the dispute. The Court examined whether the allegations were sufficient to deny anticipatory bail and considered the principle that bail may be granted when the offence is non‑cognizable or the case is a private dispute. It held that, given the lack of specific incriminating details and the family‑dispute context, anticipatory bail should be granted subject to conditions. Accordingly, the petitioner was released on anticipatory bail upon furnishing a bail bond of Rs.30,000 and compliance with conditions under Section 482(2) of the BNS.
Issues considered
- Whether anticipatory bail can be granted in a case involving multiple serious offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the familial nature of the dispute and lack of specific allegations justify bail.
- Whether the conditions under Section 2(1)(d) and Section 482(2) of the BNS are satisfied.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- family dispute
- partition
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 126
- Section 115
- Section 109
- Section 118
- Section 303
- Section 351
- Section 352
- Section 2(1)(d)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29250 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- Lakho District- Begusarai
======================================================
Gautam Das @ Gautam Kumar S/o Mohan Lal Das @ Mohan Das Resident
of Village- Dhabouli, P.S.- Lakho, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Lakho P.S. Case No. 09 of 2026, dated 29.01.2026, lodged
under Section 126(2), 115(2), 109(1), 118(1), 303(2),
351(2)&(3), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023
(hereinafter referred to as “BNS, 2023”).
3. As per the prosecution, FIR has been lodged
against five named accused persons, including the present
petitioner. The allegations are that the accused persons reached
the shop of the informant and looted the shop, subsequently,
they assaulted the family members of the informant, due to
which the informant sustained injuries. The allegation against
the present petitioner is that he looted the articles present in the
shop along with the other accused persons.
Patna High Court CR. MISC. No.29250 of 2026(2) dt.06-05-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that both parties are family members and,
according to the FIR itself, the dispute took place only because
the petitioner was constructing a house on the ancestral house
property without partition, due to which the dispute arose.
Counsel further submits that the criminal antecedent of the
petitioner is clean and the petitioner’s name has been inserted in
this case only with a view to creating pressure, and the entire
family has been made accused. Counsel further submits that it
has not been stated in the FIR as to what articles were looted,
rather, only a vague allegation has been made.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that nothing specific has
been alleged and the dispute is among family members relating
to partition.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in 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) as mentioned in Section
2(1)(d) of the BNSS, 2023 to the satisfaction of J.M.,1st Class,
Patna High Court CR. MISC. No.29250 of 2026(2) dt.06-05-2026
3/3
Begusarai, in connection with Lakho P.S. Case No. 09 of 2026,
subject to the conditions as laid down U/s 482(2) of the BNSS,
2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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