Patna High Court
Saurav Kumar @ Saurav YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioners, Saurav Kumar and Gaurav Kumar, sought anticipatory bail fearing arrest in a murder case (Gogri P.S. Case No. 364 of 2023) involving offences under Sections 302, 120B IPC and several provisions of the Arms Act. The prosecution alleged that the informant’s son was killed by motorcycle‑borne assailants in a land‑dispute‑related conspiracy, with weapons and a motorcycle recovered from the scene. The petitioners contended they were falsely implicated, that the FIR makes no specific allegation of their participation, and that no witness links them to the crime. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the lack of specific overt acts against the petitioners and the possibility of wrongful implication, granted anticipatory bail subject to a bond of Rs. 15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in the absence of specific allegations linking them to the offence.
- Whether the material on record justifies denial of bail under the provisions of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, empowers the Court to grant anticipatory bail in this case.
Legislation cited
- Arms Act — s. 25(1-b)a, 26(1), 27(1), 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120B, 302
Subjects
- anticipatory bail
- murder
- conspiracy
- Arms Act
- IPC
- Section 482
- bail conditions
- land dispute
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88471 of 2025
Arising Out of PS. Case No.-364 Year-2023 Thana- GOGRI District- Khagaria
======================================================
1. Saurav Kumar @ Saurav Yadav Son of Bhupendra Yadav R/o Village - Usri,
P.S. - Gogri, Dist. - Khagaria.
2. Gaurav Kumar @ Aman Kumar @ Gaurav Yadav Son of Bhupendra Yadav
R/o Village - Usri, P.S. - Gogri, Dist. - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Mayank Raj, Advocate
Mr. Rahul Singh, Advocate
Mr. Adarsh Prasad, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned senior counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Gogri P.S. Case No. 364 of 2023, G.R. No. 3497 of 2023
instituted for the offences under Sections 302, 120B of the
Indian Penal Code and 25(1-b)a, 26(1), 27(1), 35 of the Arms
Act
3. Prosecution case, in short, is that the informant’s
son was shot dead by motorcycle-borne assailants at a cattle
feed shop due to an alleged land dispute; one accused was
caught by villagers but later died due to mob assault. It is further
Patna High Court CR. MISC. No.88471 of 2025(2) dt.15-01-2026
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alleged that the murder was committed pursuant to a pre-
planned conspiracy involving named relatives and associates,
and arms, ammunition, and the motorcycle used in the offence
were recovered from the spot.
4. Learned counsel for the petitioners submitted that
the petitioners are innocent and have falsely been implicated in
the present case due to dirty village politics and prevailing land
dispute. Learned senior counsel for the petitioners further
submitted that general and omnibus allegation has been made
against the petitioners. No specific overt act is alleged against
the petitioners. He further contended that petitioners are not the
assailants and not a single witness has come forward to support
the involvement of the petitioner in the commission of offence
as alleged in the FIR. It is further submitted that from the plain
reading of the F.I.R., it is manifest that the actual occurrence is
attributed to three unknown motorcycle-borne miscreants, out of
whom only one was apprehended and subsequently fell victim
to mob lynching. The F.I.R. does not disclose the presence of
the petitioners at the place of occurrence nor does it assign any
specific overt act to them. It has been submitted on behalf of the
petitioners that the petitioners have no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.88471 of 2025(2) dt.15-01-2026
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opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners, above named, in the event of
arrest/surrender before the lower court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Gogri P.S. Case No.
364 of 2023, G.R. No. 3497 of 2023, subject to the conditions as
laid down under Section 482(2) of the Bharatiya Nagarika
Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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