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Patna High Court

Gopal MalakarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Gopal Malakar, sought anticipatory bail after being implicated in an FIR alleging multiple offences under the Indian Penal Code, including assault, robbery, and criminal intimidation, arising from a land dispute on 20 October 2023. He asserted a clean criminal record and claimed the allegations were false and retaliatory, noting a counter FIR had been filed against the informant. The State opposed the bail, arguing the seriousness of the charges. The Court examined the submissions, the nature of the alleged injuries, and the possibility of the petitioner absconding or tampering with evidence. Relying on Section 482(2) of the BNSS, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the stipulated conditions. Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner is likely to abscond, tamper with evidence, or influence witnesses.
  • Whether the FIR constitutes a false implication arising from a land dispute.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • land dispute
  • Indian Penal Code
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12573 of 2026

                  Arising Out of PS. Case No.-192 Year-2023 Thana- GAMAHARIYA District- Madhepura
                 ======================================================
                 Gopal Malakar Son of Sukhdeo Malakar Resident of Village - Aurahi, Ward
                 No. - 8, P.S. - Gamhariya, District - Madhepura.


                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Pooja Prasad, Advocate
                 For the Opposite Party/s :     Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                 ORAL ORDER


2   23-03-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 341, 323,

                   354A, 379, 307, 427, 504 and 34 of the Indian Penal Code.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 20.10.2023 at 11:30 AM, he was getting

                   constructed ladder in her share of the land when accused
Patna High Court CR. MISC. No.12573 of 2026(2) dt.23-03-2026
                                            2/3




          persons came and started damaging the ladder and Gopal

          assaulted Kundan by rod causing injury on head and Amit

          assaulted Anjay by rod and dragged the informant in the ground

          disrobing her and Sukhdeo took ornaments and Rs. 21,000/-.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant on account of dispute relating to land. It is next

          submitted that petitioner is alleged to have assaulted Kundan by

          rod, but then the injury suffered by Kundan is opined to be

          simple in nature as pleaded at Para-12 of the anticipatory bail

          application. It is further submitted that the date of occurrence is

          20.10.2023 and the FIR was instituted on 24.10.2023 and the

          petitioner is not a criminal and from side of the petitioner

          Gamhariya P.S. Case No. 191 of 2023 has been instituted

          against the informant and her side, as such, the instant FIR is a

          counterblast.

                       5. Learned       A.P.P.    for     the   State   opposes   the

          anticipatory bail application of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail
            Patna High Court CR. MISC. No.12573 of 2026(2) dt.23-03-2026
                                                        3/3




                      bonds of Rs. 10,000/- (Rupees Ten 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 Gamhariya P.S. Case No. 192 of 2023 subject to the

                      conditions as laid down under Section 482 (2) of BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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