Gopal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60998 of 2025 Arising Out of PS. Case No.-221 Year-2025 Thana- MOKAMAH District- Patna ====================================================== 1.
Gopal Singh S/O Late Pashupati Singh Resident of Village- Shivnar, P.O.- Shivnar, P.S.- Mokama, Dist.- Patna.
2.
Govind Kumar S/O Gopal Singh Resident of Village- Shivnar, P.O.- Shivnar, P.S.- Mokama, Dist.- Patna.
3.
Sonu Kumar @ Kartik Kumar S/O Gopal Singh Resident of VillageShivnar, P.O.- Shivnar, P.S.- Mokama, Dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sameer Sawarn, Advocate For the State :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-09-2025
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the victim.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 115(2), 117(2), 109(1), 303(2), 351(2), 352 and 3(5) of BNS, 2023
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that he was constructing his house when the accused persons including the petitioners came along with 5-6 accused on 19.05.2025 at 9:00 P.M. and asked him to construct his house after leaving five feet, on objection, Amar gave order to kill, on
Patna High Court CR. MISC. No.60998 of 2025(2) dt.17-09-2025 2/3 which, Ganesh assaulted him on his head by rod causing injury, thereafter, Ankush assaulted him by rod causing injury on leg, thereafter Sonu assaulted Uttam by pistol on mouth causing injury and accused looted household articles.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant and from perusal of the allegation as alleged in the F.I.R., it would manifest that no specific allegation of assault is alleged against Gopal and Govind, though, Sonu is alleged to have assaulted Uttam by butt of pistol causing injury on mouth but then the F.I.R. is not under the Arms Act. It is also submitted that during the course of investigation also, it transpired that no arms were used in the occurrence. It is further submitted that allegation of looting household articles is ornamental and the dispute occurred on a trivial issue of leaving five feet land on which informant was constructing his house. It is next submitted that petitioners are not criminals.
5. Learned A.P.P. for the State opposes the anticipatory bail application.
6. Considering the submissions made on behalf of the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period
Patna High Court CR. MISC. No.60998 of 2025(2) dt.17-09-2025 3/3 of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Mokama P.S. Case No. 221 of 2025, 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) pallavi/- U T