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Patna High Court

Ghutar Yadav @ Ghuteshwar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners are entitled to anticipatory bail, subject to bond and surety conditions, under Section 482(2) of the B.N.S.S.

Summary

The petitioners, members of the Yadav family, feared arrest in a case registered under Sections 109 and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act, arising from a dispute over a buffalo grazing a maize field that led to firing and injury to a villager. They contended that they were falsely implicated, that the FIR lacked specific allegations against most of them, and highlighted that petitioners 1, 3 and 5 have clean antecedents while petitioner 6 has only one prior case. The petitioners sought anticipatory bail, withdrawing the application for two of the accused. The State opposed the bail. The Court, considering the clean records and the vague nature of the allegations, granted anticipatory bail to the remaining petitioners on the condition of a Rs.10,000 bond with two sureties each, subject to Section 482(2) of the B.N.S.S. The order was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Sections 109 and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.
  • Whether the FIR contains sufficient specific allegations to justify denial of anticipatory bail.
  • Whether the petitioners' clean antecedents and minimal prior criminal history warrant the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • clean antecedent
  • Arms Act
  • Section 27
  • Section 482
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90860 of 2025
                      Arising Out of PS. Case No.-106 Year-2025 Thana- BELDOUR District- Khagaria
                 ======================================================
           1.     Ghutar Yadav @ Ghuteshwar Yadav S/O Late Navy Yadav R/O Village-
                  Dhadhi, P.S- Bedaur, Distt.- Khagaria.
           2.    Rakesh Yadav @ Rakesh Kumar Yadav S/O Ghutar Yadav @ Ghuteshwar
                 Yadav R/O Village- Dhadhi, P.S- Bedaur, Distt.- Khagaria.
           3.    Chhotu Yadav @ Chhotu Kumar S/O Ghutar Yadav @ Ghuteshwar Yadav
                 R/O Village- Dhadhi, P.S- Bedaur, Distt.- Khagaria.
           4.    Maheshwar Yadav S/O Late Navy Yadav R/O Village- Dhadhi, P.S- Bedaur,
                 Distt.- Khagaria.
           5.    Rabish Yadav @ Rabish Kumar S/O Ghutar Yadav @ Ghuteshwar Yadav
                 R/O Village- Dhadhi, P.S- Bedaur, Distt.- Khagaria.
           6.    Rupesh Yadav @ Ruko Kumar S/O Ghutar Yadav @ Ghuteshwar Yadav R/O
                 Village- Dhadhi, P.S- Bedaur, Distt.- Khagaria.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Singh
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 109 and

                   3(5) of B.N.S., 2023 as well as Section 27 of the Arms Act.

                                3. Learned counsel for the petitioners after arguing

                   vehemently for sometime, seeks permission to withdraw the

                   anticipatory bail application with respect to petitioner no.2,
Patna High Court CR. MISC. No.90860 of 2025(2) dt.18-02-2026
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          namely, Rakesh Yadav @ Rakesh Kumar Yadav and petitioner

          no. 4, namely, Maheshwar Yadav.

                       4. Permission is accorded.

                       5. It is next submitted that petitioner no.1, 3 and 5 are

          persons with clean antecedent and petitioner no.6 has antecedent

          of one case and the informant alleges that on 09.04.2025 the

          buffalo of Rakesh grazed the maize field of Amrendra, on

          account of which, firing took place from both sides and in the

          firing, villager Puran Yadav was injured.

                       6. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegations, as alleged in the FIR, it would manifest that on

          account of dispute relating to grazing of maize crop of

          Amrendra by buffalo of Rakesh, the occurrence is alleged to

          have taken place in which both sides fired at each other causing

          injury to Puran, a villager. It is reiterated and submission that

          petitioner no.1, 3 and 5 are persons with clean antecedent, while

          petitioner no.6 has antecedent of one case but then no specific

          allegation is alleged against them. It is also submitted that

          allegation of firing is not specific.

                       7. Learned APP for the State opposes the anticipatory
             Patna High Court CR. MISC. No.90860 of 2025(2) dt.18-02-2026
                                                         3/3




                       bail application of the petitioners.

                                    8. Considering the submissions made by the learned

                       counsel for the petitioners and also taking into consideration the

                       fact that petitioner no.1, 3 and 5 are persons with clean

                       antecedent and petitioner no.6 has antecedent of only one case,

                       the petitioners, above-named, in the event of their arrest or

                       surrender within a period of six weeks from today, be released

                       on anticipatory bail on furnishing bail bonds of Rs.10,000/-

                       (Rupees Ten Thousand) each with two sureties of the like

                       amount each to the satisfaction of the learned trial court where

                       the case is pending/Successor Court in connection with Beldaur

                       P.S. Case No.106 of 2025, subject to the conditions as laid down

                       under Section 482(2) of the B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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