Created by Fuzzy Cloud

Patna High Court

Kameshwar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.