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Patna High Court

Saurav Kumar @ Saurav YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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