Gautam Das @ Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29250 of 2026 Arising Out of PS. Case No.-9 Year-2026 Thana- Lakho District- Begusarai ====================================================== Gautam Das @ Gautam Kumar S/o Mohan Lal Das @ Mohan Das Resident of Village- Dhabouli, P.S.- Lakho, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Prakash, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Lakho P.S. Case No. 09 of 2026, dated 29.01.2026, lodged under Section 126(2), 115(2), 109(1), 118(1), 303(2), 351(2)&(3), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").
3. As per the prosecution, FIR has been lodged against five named accused persons, including the present petitioner. The allegations are that the accused persons reached the shop of the informant and looted the shop, subsequently, they assaulted the family members of the informant, due to which the informant sustained injuries. The allegation against the present petitioner is that he looted the articles present in the shop along with the other accused persons.
Patna High Court CR. MISC. No.29250 of 2026(2) dt.06-05-2026 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that both parties are family members and, according to the FIR itself, the dispute took place only because the petitioner was constructing a house on the ancestral house property without partition, due to which the dispute arose. Counsel further submits that the criminal antecedent of the petitioner is clean and the petitioner's name has been inserted in this case only with a view to creating pressure, and the entire family has been made accused. Counsel further submits that it has not been stated in the FIR as to what articles were looted, rather, only a vague allegation has been made.
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that nothing specific has been alleged and the dispute is among family members relating to partition.
6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of J.M.,1st Class,
Patna High Court CR. MISC. No.29250 of 2026(2) dt.06-05-2026 3/3 Begusarai, in connection with Lakho P.S. Case No. 09 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Aman Kumar/- U T