Gautam Rawat @ Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56701 of 2025 Arising Out of PS. Case No.-141 Year-2025 Thana- JAMUI District- Jamui ====================================================== Gautam Rawat @ Gautam Kumar S/o- Wakil Rawat Village- Daulatpur PsJamui Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K. Lal, Sr. Advocate Mr.Umesh Prasad, Advocate For the Opposite Party/s :
Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-08-2025 Heard Mr. S.K. Lal learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 191(2), 190, 115(2), 109, 132, 262, 263, 310(6), 121(1), 281, 125(a), 125(b), 324(5), 303(2), 317(2), 317(5), 352, 126(2) of the BNS.
3. Allegation in the FIR relates to forcibly taking away of a Tractor laden with sand and when the said Tractor was being taken to the Police Station with the help of the Home-Guard, several persons pushed away the Home-Guard and fled away with the Tractor.
4. Learned Senior counsel for the petitioner submits that the petitioner has been made accused only on account of the fact that Blue coloured SWARAJ company Tractor belongs to him and there is an allegation that he along with other co-accused persons were involved in the entire incident. It is further submitted that the allegations are confined to taking away the Tractor laden with sand
Patna High Court CR. MISC. No.56701 of 2025(2) dt.29-08-2025 2/2 but as against the allegation of a scuffle, no injury has been sustained by the Home-Guard and anyone else. Further, the petitioner has no criminal antecedent and similarly situated co-accused person Gabbar Yadav has already been granted the privilege of anticipatory bail vide order dated 12.08.2025 passed in Criminal Miscellaneous No. 51834 of 2025.
5. Learned APP, however, opposes the grant of anticipatory bail on the ground of the nature of allegation levelled against the petitioner.
6. Considering the facts and circumstances of the case and also considering the fact that similarly situated co-accused has already been granted anticipatory bail, let the petitioner, above named, who has no criminal antecedent, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Jamui P.S. Case No. 141 of 2025 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 below, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) ranjan/- U