Gopi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44418 of 2026 Arising Out of PS. Case No.-219 Year-2026 Thana- NAGAR District- Vaishali ====================================================== Gopi Kumar Son of Jitendra Sharma Resident of Village/At- Sant Nagar Gangjala, Ward No.15,P.S.-Saharsa Town, District- Saharsa. At Present Resident of Mohalla- Baghdulhan near Ramprasad Chowk, P.S.- Hajipur Town, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26 of the Arms Act and Sections 310(4), 310(5) and 317(4) of BNS.
3. The case of the prosecution is that the police had information that certain miscreants have gathered with weapons and they were planning to commit dacoity. On this information, police raided that place and petitioner along with others were apprehended by police and from the possession of co-accused persons certain weapons were recovered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.44418 of 2026(2) dt.08-07-2026 2/2 petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. The seizure list witnesses are police personnel and police has not followed Section 105 of BNSS while preparing the seizure. Moreover, the petitioner is languishing in judicial custody since 12.03.2026 as stated in para-4 of the bail petition.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having three criminal antecedents.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Town P.S. Case No. 219 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur.
(Ashok Kumar Pandey, J) Shubham/- U T