Gopal Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23833 of 2026 Arising Out of PS. Case No.-181 Year-2025 Thana- Kadirganj P.S. District- Nawada ====================================================== 1.
Gopal Das Son of Suresh Das R/o Village- Loharpura, PS- Kadirganj, Dist.- Nawada 2.
Moti Kumar Son of Suresh Das R/o Village- Loharpura, PS- Kadirganj, Dist.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Sinha, Adv.
Mr. Pramod Kumar Verma, Adv.
For the Opposite Party/s :
Mr. Bharat Lal, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-04-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Kadirganj P.S. Case No. 181 of 2025 dated 16.06.2025 registered for the offence punishable under Sections 126(2), 115(2), 118(1), 117(2), 110, 74, 352, 351(2), 3(5) of the B.N.S., 2023.
3. As per prosecution case, on 15.06.2025 at about 10:00 p.m., the accused persons, armed with iron rods, came to the informant's house, abused him and as also assaulted him, causing fracture in the shoulder. They also assaulted his nephew when he intervened. Thereafter, they continued abusing the
2/4 family and misbehaved with the female members.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. It is further submitted that there is no specific allegation against the petitioners rather, the allegations are general and omnibus in nature. The incident referred to in the F.I.R. is stated to have taken place with other persons present in the office of the informant, and during the said altercation, the informant sustained injuries, which are simple in nature. It is also submitted that the petitioners have clean antecedents.
5. At this stage, both the petitioners propose to pay Rs. 5,000/- each to the informant towards medical expenses alleged to have been incurred by him, without admitting their guilt.
6. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.
7. Having heard learned counsel for the parties and considering the nature of allegation being general and omnibus and were never intended to cause any injury to the Informant as also taking into account the undertaking given by the petitioners to pay Rs. 5,000/- each to the Informant to compensate the medical expenses without accepting their guilt, let the above
3/4 named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Nawada in connection with Kadirganj P.S. Case No. 181 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:
(i) Each petitioner will pay an amount of Rs. 5,000/- to the Informant at the time of furnishing bail bonds before the court below.
(ii) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
4/4 cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) rishi/- U T