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Patna High Court

Harkhit GopeversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Harkhit Gope, sought anticipatory bail fearing arrest in a case alleging his involvement in the murder of an informant's father under Sections 103(1), 61(2), 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that Gope, along with co‑accused Pinki Devi, instructed Guddu Gope to commit the killing. Gope contended that the FIR only implicated Guddu Gope and that he had no overt act, asserting his innocence and clean antecedents. He also highlighted that Pinki Devi had already been granted anticipatory bail in a similar case. The State opposed the bail, but the Court, noting the lack of specific allegations against Gope and the principle of parity, granted anticipatory bail subject to a bond and sureties under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the FIR alleging his involvement in a murder.
  • Whether the petitioner can be considered falsely implicated due to lack of specific overt act.
  • Whether parity with co‑accused Pinki Devi, who received anticipatory bail, warrants similar relief.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • false implication
  • arms act
  • murder
  • parity
  • clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10606 of 2026

                        Arising Out of PS. Case No.-271 Year-2025 Thana- HILSA District- Nalanda
                 ======================================================
                 Harkhit Gope Son of Late Rameshwar Gope Resident of village - Dharampur,
                 Police Station - Hilsa, District - Nalanda.

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ajay Mukherjee, Advocate
                 For the State           :        Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 103(1),

                   61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act.

                                3. As per prosecution case, informant suspects that on

                   the instruction of this petitioner and co-accused Pinki Devi, co-

                   accused Guddu Gope killed father of the informant.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. From bare perusal of the F.I.R. it is

                   apparent that it is specific case of the informant that co-accused
Patna High Court CR. MISC. No.10606 of 2026(2) dt.09-04-2026
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          Guddu Gope fired upon father of the informant. There is no

          specific allegation of overt act against this petitioner and he has

          falsely been implicated in this case merely because he happens

          to be father of co-accused Guddu Gope. It is further submitted

          that co-accused Pinki Devi, having similar and identical

          allegations, has already been granted the privilege of

          anticipatory bail by this Hon’ble Court vide order dated

          04.12.2025 passed in Cr. Misc. No. 65396 of 2025. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Additional Chief Judicial

          Magistrate-I, Hilsa, Nalanda in connection with Hilsa P.S. Case
             Patna High Court CR. MISC. No.10606 of 2026(2) dt.09-04-2026
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                       No. 271 of 2025, subject to condition as laid down under

                       Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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