Gopi YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20571 of 2026
                        Arising Out of PS. Case No.-3 Year-2017 Thana- KAJRA District- Lakhisarai
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                 Gopi Yadav S/o Damodar Yadav R/o Village - Lakhna, P.S. - Kajra, District -
                 Lakhisarai.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :        Mrs. Veena Kumari Jaiswal, APP
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                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   08-04-2026                      Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Kajra P.S. Case No. 03 of 2017, for allegedly

                   having committed offence under Sections 25(1b)a and 26 of the

                   Arms Act.

                                   3. The prosecution case, lodged on the basis of the

                   written report given by the petitioner himself is that he came to

                   know that one criminal has been caught with pistol and villagers

                   are assaulting him. Upon such information, he reached at the

                   place of occurrence and saw several persons assembled there.

                   On search of the injured person, pistol along with two live

                   cartridges and a dagger was found. The petitioner informed the

                   SHO of Kajra Police Station and handed over the injured as well
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          as pistol, live cartridges and dagger. With the help of the

          petitioner, the injured person was taken to hospital in a vehicle

          and seizure list was also prepared.

                          4. The learned counsel for the petitioner submits

          that the petitioner was the informant of this case and later on he

          was made an accused in the case by the Police with ulterior

          motive and on the date of occurrence, while the villagers were

          assaulting one criminal, namely, Saurabh Kumar, the petitioner

          reached there and on search of said Saurabh Kumar, one pistol

          with two live cartridges and a dagger was found, which was

          taken away by the petitioner and handed over to the Police

          along with the injured Saurabh Kumar, who later on died during

          course of treatment, for which Kajra P.S. Case No. 04 of 2017

          was lodged, in which the petitioner was also made an accused.

          The learned counsel for the petitioner further submits that the

          petitioner is an accused in four other cases including Kajra P.S.

          Case No. 04/2017, in which he is on bail. Further in one case, he

          has been acquitted and other two cases have been settled by the

          lok adalat on the basis of compromise. He further submits that

          the petitioner has been granted bail in Kajra P.S. Case No. 04 of

          2017 by a learned Co-ordinate Bench of this Court vide order

          dated 17.12.2018 passed in Cr. Misc. No. 75086 of 2018. He
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          further submits that the petitioner came to know recently that he

          has been made an accused in the present case, since non-

          bailable warrant of arrest has been issued against him on

          10.12.2025 by the concerned Court.

                          5. The learned APP for the State vehemently

          opposes the prayer for bail of the petitioner and submits that the

          petitioner is an accused in four cases, apart from the present

          case.

                          6. Having heard the learned counsel for the parties

          and after going through the records, it appears that the petitioner

          was the informant of the present case, however during course of

          investigation he has been made an accused in this case by the

          Police, although, he had handed over the pistol, live cartridges

          and dagger to the Police on the same day, but with an ulterior

          motive, he has been made accused in the present case.

          Considering the facts and circumstances of the case, let the

          petitioner, above named, in the event of arrest or surrender

          within a period of six weeks, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Chief

          Judicial Magistrate, Lakhisarai in connection with Kajra P.S.

          Case No. 03 of 2017, subject to the conditions as laid down
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                     under Section 482(2) of the B.N.S.S., with further condition:

                                  (1) The learned Court concerned shall verify the

                     criminal antecedent of the petitioner and in case at any stage, it

                     is found that the petitioner has concealed his criminal

                     antecedents, the court concerned shall take steps for cancellation

                     of bail bond of the petitioner. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.



                                                 (Ritesh Kumar, J)
AjayMishra/-

U      T