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Patna High CourtCR. MISC./53964/2025bail granted

Gopal Prasad @ Gopal Kumar v. The State Of Bihar

2026-01-21Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53964 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- AYARKOTHA District- Rohtas ====================================================== Gopal Prasad @ Gopal Kumar S/o Late Bhagwan Sah R/o Mohalla - New Diliyan, Ward No. 20, P.S - Dehri-on-sone, District - Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in connection with Ayarkotha P.S. Case No. 8 of 2025, instituted for the offences punishable under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, the informant has alleged that he had hired a truck from Rudra Road Lines and had loaded rice upon it however the truck driver was traceless thereafter and his mobile phone was found to be switched off. The informant has raised suspicion that it was the driver Gopal Kumar and the transporter Ranjeet Singh and the owner of the vehicle Prince Kumar who were involved in the said crime.

4. Learned counsel for the petitioner submits that the petitioner has falsely been roped in merely because his name had

Patna High Court CR. MISC. No.53964 of 2025(5) dt.21-01-2026 2/3 surfaced in the statement of the brother of the owner of the truck who has stated that it was the petitioner who had introduced the driver to the informant. It has further been submitted that from perusal of the case diary, it would be evident that there is nothing specific alleged against the petitioner rather from the statement made by the purchaser of the said rice namely Vicky Kumar, it would be evident that the entire amount was sent in the account of Gopal Kumar, the truck driver and one Girdhar Kumar. It is also submitted that the police had not found any connection of the present petitioner with the main accused of the case nor has he received a single penny out of such transaction. It is further submitted that the petitioner has no criminal antecedent.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail.

6. Considering the facts aforesaid, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - 1st Class, Dehri, Rohtas in connection with Ayarkotha P.S. Case No. 8 of 2025, subject to the conditions as laid down under Section 482 of the BNSS and

Patna High Court CR. MISC. No.53964 of 2025(5) dt.21-01-2026 3/3 subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner;

(ii) the petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court;

(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; (iv) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T