Gopal Kumar @ Gopal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45452 of 2026 Arising Out of PS. Case No.-43 Year-2026 Thana- CHORAUT District- Sitamarhi ====================================================== Gopal Kumar @ Gopal Chaudhary S/o Dasharath Chaudhary Resident of Village - Yadupatti, P.S. - Choraut, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP For the Informant :

Mr. Hari Kishore Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2026

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 115(2), 126(2), 303, 303(2), 109, 351(2) and 3(5) of the BNS, 2023.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases, but then the said cases have been instituted from the side of the informant and others. It is next submitted that informant alleges that his son and brother-in-law had gone to the house of Vashishth Chaudhary for bringing back the motorcycle, but when they tried to come out of the house, the gate was locked, hence, they informed the

Patna High Court CR. MISC. No.45452 of 2026(2) dt.15-07-2026 2/3 informant, who came to the house of Vashishth Chaudhary for getting the door opened when accused assaulted him as detailed in the FIR, further petitioner along with Suman caught him and assaulted by fist and slap.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant on account of dispute which is existing in between the parties. It is next submitted that no doubt the injured suffered injury and the opinion has been reserved, but then allegation of assaulting the injured is against the named accused persons, but then as far as petitioner is concerned, against him it is alleged that he along with Suman caught the injured and assaulted by fist and slap. It is submitted that since dispute is brewing in between the parties, hence, petitioner has been alleged with ornamental allegation of assaulting by fist and slap.

5. Learned A.P.P. for the State as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application of the petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that against the petitioner in the FIR, it is alleged that he assaulted the injured by fist and slap.

Patna High Court CR. MISC. No.45452 of 2026(2) dt.15-07-2026 3/3

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Choraut P.S. Case No. 43 of 2026 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U