Patna High Court
Gopal MalakarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482
- Indian Penal Code — s. 307, 323, 34, 341, 354, 379, 427, 504
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.