Patna High CourtCR. MISC./60136/2025bail granted

Bachchu Gop v. The State Of Bihar

2025-09-15Mr. Justice Satyavrat Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60136 of 2025 Arising Out of PS. Case No.-241 Year-2025 Thana- RAHUI District- Nalanda ====================================================== BACHCHU GOP S/o- Saryug Gop R/o- Moratalab Po- Moratalab Ps- Rahui Dist- Nalanda ... ... Petitioner/s

Versus

The State of Bihar 2.

Raushan Kumar S/o- Late Kaushlendra Gop R/o- Moratalab Ps- Rahui DistNalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 103(1), 109(1), 118(2), 61(2) and 3(5) of the BNS, 2023 read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that about 25 years ago, petitioner and his family members killed his uncle by firearm, in the case his father was a witness, on account of the case under a conspiracy, Dharmveer and Chhote Lal in garb of an engagement ceremony took his father

2/4 to the engagement ceremony on 07.05.2025, further at 10:00 PM, Dharamveer, Chhote Lal and petitioner surrounded his father and Shankar fired causing injury to Shubham and his father on his arms and back, further the father of the informant was rushed to hospital where he died during the course of treatment.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that earlier petitioner had killed his uncle for which a criminal case was instituted in which his father was a witness. It is submitted that in said case, the petitioner was convicted under Section 302 of the IPC and was released on bail in 2011. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that on 07.05.2025, his father was called in an engagement ceremony, where the occurrence is alleged to have taken place. It is submitted that engagement was of the son of the petitioner, as pleaded at Para-10 of the anticipatory bail application. It is also submitted that when son of the petitioner was getting engaged on the date of occurrence whether the petitioner would

3/4 have indulged in such an occurrence. It is also submitted that since previous dispute is existing, hence, the petitioner has been implicated with an allegation that he surrounded his father along with other accused while Shankar fired. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five 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 Rahui (Bhagan Bigha) P.S. Case No. 241 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the

4/4 investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

8. It is further made clear that if charge sheet is submitted connecting the petitioner with the offence, in that event the present anticipatory bail order shall lose its effect.

9. Let a copy of this order be sent to the concerned police station through the learned Trial Court.

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

(Satyavrat Verma, J) Rishabh/- U T