Patna High Court
Harkhit GopeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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/-
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