Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18653 of 2026 Arising Out of PS. Case No.-529 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== Gautam Kumar Son of Shyamdev Yadav Resident of Village- Ramnagar, P.S.- Bodh Gaya, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 18-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Bodh Gaya P.S. Case No. 529 of 2025 dated 21.07.2025 registered for the offences punishable under Sections 303(2) and 3/5 of the B.N.S.

3. As per the allegation, informant heard the sound of engine of his motorcycle being started, he woke up and came outside his house and saw that some people were riding his motorcycle and the informant identified this petitioner along with others.

4. Learned counsel for the petitioner has submitted that there is a delay of two days in lodging the FIR and in fact

Patna High Court CR. MISC. No.18653 of 2026(3) dt.18-05-2026 2/3 the bone of contention is the dispute of the informant with one Umesh Yadav, the cousin maternal uncle of the petitioner, as a result of land dispute and since the petitioner took the side of the said Umesh Yadav, the petitioner has been falsely implicated due to village politics. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner. It has further been submitted that at the time of alleged occurrence, there was severe rain and due to that the electricity was not there and in such circumstances, it would not be possible to identify the petitioner. Learned counsel for the petitioner has further submitted that petitioner is the student and there is no criminal antecedent against him.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Bodh Gaya P.S. Case No. 529 of 2025,

Patna High Court CR. MISC. No.18653 of 2026(3) dt.18-05-2026 3/3 subject to conditions as laid down under section 482(2) of the B.N.S.S.

8. The application stands allowed.

(Praveen Kumar, J) shivam/- U T