Patna High Court
Kameshwar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners subject to a cash bond and conditions under Sections 2(1)(d) and 482(2) of the B.N.S., 2023.
Summary
The petitioners, Kameshwar Yadav and Gautam Kumar, applied for anticipatory bail after an FIR (Khizersarai P.S. Case No.240 of 2025) was lodged against them for alleged assault offences under the B.N.S., 2023. They contended that the allegations stemmed from a land dispute between agnate relatives in the same village and that a counter‑case (Case No.239 of 2025) had already been filed by them. The State opposed bail, arguing that the existence of a case and counter‑case and the seriousness of the offences warranted detention. The Court examined the provisions of Sections 2(1)(d) and 482(2) of the B.N.S., 2023, noting the petitioners' clean criminal record, the age of petitioner No.1, and the context of the dispute. It held that anticipatory bail could be granted subject to a cash bond of Rs.30,000 and compliance with the conditions prescribed under the Act. Accordingly, the petitioners were released on anticipatory bail pending any arrest within four weeks.
Issues considered
- Whether anticipatory bail may be granted under Sections 2(1)(d) and 482(2) of the B.N.S., 2023 in the present case
- Whether the existence of a land‑related case and counter‑case precludes the grant of anticipatory bail
- Whether the petitioners' clean antecedent and age are sufficient grounds for bail
Legislation cited
- B.N.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- land dispute
- case and counter‑case
- clean antecedent
- B.N.S. 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4993 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- KHIJARSARAI District- Gaya
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1. Kameshwar Yadav S/o Mukhlal Yadav Resident of Village- Maharajbigh
(Padumchak), P.S.- Khizersarai, District- Gaya
2. Gautam Kumar S/o Kapil Prasad Resident of Village- Maharajbigh
(Padumchak), P.S.- Khizersarai, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar, Adv.
Ms. Priya, Adv.
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Khizersarai P.S. Case No.240 of 2025 lodged
on 01.07.2025, for the offences punishable under Sections
115(2), 117(2), 126(2), 109, 303(2), 352, 351(2) and 3(5) of the
B.N.S., 2023.
3. As per the prosecution, FIR has been lodged against
six named accused persons including the present petitioners
with allegation that they have assaulted the mother of the
informant on her head due to which she became unconscious
and further assaulted the informant’s brother due to which injury
Patna High Court CR. MISC. No.4993 of 2026(2) dt.04-02-2026
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has been caused.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel also submits that both parties are resident of same
village and they are basically agnates and due to land dispute,
panchayati was going on and it is due to this reason, the present
occurrence took place.
5. Counsel further submits that for the same date and
place of occurrence, there is case and counter-case lodged from
both the sides. With a view to save his skin, the informant has
lodged case i.e., Khizersarai P.S. Case No.240 of 2025 (present
case) and the petitioners have lodged case i.e., Khizersarai P.S.
Case No.239 of 2025 prior to the case filed by the informant.
6. Counsel submits that the criminal antecedent of the
petitioners is clean and they are ready to fulfill all the conditions
whatsoever shall be imposed upon them.
7. Counsel further submits that petitioner No.1 who is
aged about 60 years against whom there is specific allegation
and against petitioner No.2, there is general and omnibus
allegation.
8. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that there is case and counter-
Patna High Court CR. MISC. No.4993 of 2026(2) dt.04-02-2026
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case and both the parties are agnates and land dispute is going
on between them.
9. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below 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 Judicial Magistrate-1st Class, Gayajee in
connection with Khizersarai P.S. Case No.240 of 2025, subject
to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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