Gopal Yadav @ Gorakh @ Jai Kishore Kumar @ Gopal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2227 of 2026 Arising Out of PS. Case No.-109 Year-2025 Thana- Amhara P.S. (I.I.T.A. Bihta) DistrictPatna ====================================================== Gopal Yadav @ Gorakh @ Jai Kishore Kumar @ Gopal Kumar Son of Mithlesh Yadav Resident of Village- Dilawarpur, English Tola, P.S.- IIT Amhara, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nisha Singh, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-01-2026
1. Heard learned counsel for the petitioner, Ms. Nisha Singh and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with IIT Amhara P.S. Case No. 109 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 324(4), 109, 352 and 351(2) of the BNS, 2023 read with Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
2/4 petitioner has antecedent of three cases, but then two cases were instituted from the side of the instant informant. It is next submitted that informant and the petitioner are related and are having dispute relating to property. It is next submitted that petitioner had earlier moved before this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 71607 of 2025 and the same came to be rejected by an order dated 15.10.2025. It is further submitted that petitioner is in custody since 07.11.2025.
4. Learned counsel for the petitioner next submits that from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to boundary wall, the occurrence is alleged to have been committed and petitioner is alleged to have fired causing firearm injury on neck of the son of the informant on orders of Munna Yadav. It is next submitted that petitioner is a government servant and is employed with the Indian Railways. It is also submitted that from side of the petitioner, IIT Amhara P.S. Case No. 110 of 2025 was instituted by Malti Devi against and informant and his side. It is next submitted that from perusal of the FIR instituted by Malti Devi annexed as Annexure-2 to the bail application, it would manifest that it has been specifically alleged that 20 accused persons
3/4 were present at the place of occurrence from the side of the informant and some of them were carrying firearm, it is thus submitted that it might be a possibility that the injury received by the son of the informant may have been caused in cross firing, bu then petitioner being a government servant came to be implicated. It is further submitted that petitioner, being government servant, is aware of the consequences which would entail in the event of his conviction and a government servant generally would not indulge in act of committing the occurrence of firing, stabbing etc. It is also submitted that petitioner will not abscond rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on 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 IIT Amhara P.S. Case No. 109 of 2025.
7. However, it is made clear that if the learned Trial Court comes to a conclusion that petitioner after his release is
4/4 trying to delay the framing of charge or after framing of charge is trying to delay the trial, in both the conditions, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
8. Accordingly, the instant bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T