Patna High Court
Ghutar Yadav @ Ghuteshwar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 3(5)
- B.N.S.S. — s. 482(2)
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
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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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