Gopi Sah @ Gopi Kishan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81236 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- ISHUPUR BARAHAT DistrictBhagalpur ====================================================== 1.

Gopi Sah @ Gopi Kishan S/o- Shiv Sah Resident of Village- Gandhinagar Purani Bara, PS- Ishipur Barahat, Dist- Bhagalpur 2.

Lalu Sah @ Lal Muni Sah S/o- Shiv Sah Resident of Village- Gandhinagar Purani Bara, PS- Ishipur Barahat, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Ashok Kumar No. 6, Advocate For the State :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 74 and 352 of the B.N.S. and later on, Section 103 of the B.N.S. was added.

3. The prosecution case, in brief, is that on 25.07.2025 at about 7 PM, when husband of informant went to the house of co-accused persons to ask for a false police case reported by them, in the meantime, all the F.I.R. named accused persons, including these petitioners, assaulted husband of informant. It is further alleged that when the informant went to save, she was

Patna High Court CR. MISC. No.81236 of 2025(2) dt.25-11-2025 2/2 also assaulted. During course of treatment, husband of informant succumbed to the injuries.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, both parties are agnates. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation that they, along with other accused persons, assaulted informant and her husband due to which they sustained injuries and during course of treatment, husband of informant died.

6. Considering the facts and circumstances of the case, specific and direct nature of accusation and gravity of offence, the prayer for grant of anticipatory bail to the petitioners is rejected.

(Prabhat Kumar Singh, J) shashank/- U T