Gopal KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12426 of 2026
                     Arising Out of PS. Case No.-316 Year-2025 Thana- RAJAPAKAR District- Vaishali
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                 Gopal Kumar S/o Umesh Rai @ Umesh Kumar Singh R/o Village - Bahuara,
                 P.S - Rajapakar (Baranti O.P), District - Vaishali
                                                                    ... ... Petitioner/s
                                                     Versus

                 The State of Bihar                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramesh Kumar Choudhary
                 For the State            :       Mr. Narsingh Tanti
                 For the opposite party-2 :       Mr. Umesh Kumar Yadav
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                    ORAL ORDER

4   01-05-2026         1. Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Rajapakar Police Station Case No. 316 of 2025, dated

                            10.09.2025,       disclosing        offences       under      Sections

                            127(1)/115(2)/352/303(2)/109/3(5) of the Bhartiya Nyaya

                            Sanhita and Sections 27 and 35 of the Arms Act.

                       3.   That the prosecution case, on the basis of written report of

                            informant, is that on 10.09.2025 at about 09:30 A.M.,

                            while the petitioner, along with two other accused person,

                            were proceeded towards the village carrying bags

                            suspected to contain liquor and as they reached near the

                            orchard of Ram Naresh Rai, the informant’s son, namely,
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                  Vikki Kumar, along with his friends, who were present

                  there and upon noticing, the informant’s son used his

                  mobile phone. The accused persons suspected that he was

                  recording them and attempted to snatch his mobile, but on

                  protest they left the place. It has further been alleged that

                  after about half an hour, the petitioner, along co-accused

                  Aryan Kumar and 6–7 unknown persons, armed with

                  pistols, lathis, dandas, etc. returned to the spot, started

                  abusing and assaulting the informant’s son. It has also

                  been alleged that the petitioner, along with two other

                  accused persons, opened fire from pistol upon the

                  informant’s son causing him injury on the right knee and

                  they also snatched mobile of the informant’s son.

              4. Learned counsel for the petitioner submits that the

                  petitioner has not committed any offence in the manner

                  alleged and he has falsely been implicated in the present

                  case due to oblique motive. The allegation of firing from

                  pistol is not specifically against the petitioner and the

                  same is general and omnibus in nature. He further submits

                  that similarly situated co-accused person, namely, Aryan

                  Kumar @ Chunchun Kumar @ Aryan Roy, has been

                  granted anticipatory bail by a Co-ordinate Bench of this
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                  Court in Cr. Misc. No. 88041 of 2025. The petitioner has

                  got no criminal antecedent.

              5. On the other hand, learned for the informant opposes the

                  prayer for bail and, referring to the impugned order,

                  submits that paragraph no. 91 of the case diary, shows

                  that fire-arm injury caused to informant’s son on his right

                  knee is grievous in nature. He next submits that there is

                  direct allegation of firing against the petitioner.

              6. I have heard learned counsel for the parties concerned and

                  have gone through the materials available on record,

                  including the impugned order.

              7. From perusal of the FIR, it appears that there is direct

                  allegation against the petitioner that he fired upon

                  informant’s son along with others. During course of

                  investigation, as is evident from the impugned order, the

                  witnesses have supported the prosecution story.

              8. From perusal of order granting bail to co-accused, it

                  appears that the Co-ordinate Bench has taken note of the

                  fact that specific allegation of firing is against the

                  petitioner. The parity claimed by the petitioner is not

                  acceptable. Accordingly, I am not inclined to grant

                  anticipatory bail to the petitioner.
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                          9. This application is, accordingly, dismissed.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T