Patna High Court
Gopal SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Gopal Sahni, sought anticipatory bail fearing arrest in a case registered under Sections 103(1), 61(2) and 3(5) of the Bihar Negotiable Substances Act (BNSS) relating to the alleged murder of his son Raja. He contended that the informant who lodged the complaint was not an eyewitness and that the FIR did not disclose any direct involvement of the petitioner, who is the deceased's brother‑in‑law. The petitioner argued that a person in his familial position would not wish his sister to become a widow and that the manner in which the dead body was discovered contradicted any attempt to conceal evidence. The State opposed the bail, asserting that the investigation was ongoing and that the petitioner might obstruct it. The Court examined the submissions and, invoking Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition of a Rs.10,000 bond and two sureties, subject to the petitioner’s cooperation with the investigation. The order also empowered the trial court to cancel the bail if the petitioner fails to cooperate. A copy of the order was directed to the concerned police station.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS despite the serious nature of the allegations.
- Whether the petitioner is likely to abscond or tamper with evidence if released on bail.
- Whether the FIR and the informant's testimony provide sufficient basis to deny anticipatory bail.
Subjects
- anticipatory bail
- Section 482
- Bihar Negotiable Substances Act
- false implication
- criminal procedure
- bail conditions
- investigation cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2161 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- HATHAURI District- Muzaffarpur
======================================================
Gopal Sahni Son of Ram Karan Sahani Resident of Village- Jhhitkahiya,
Jitkahiya, P.S.- Aurai, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 27-04-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 103(1),
61(2) and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that his son Raja was married to Khusbu on 11.05.202,
further, on 11.05.2025, his son had gone to the parental house of
his wife for bringing her back and thus asked her to accompany
him on 12.05.2025, on which an altercation took place, but the
named accused persons including the petitioner asked his son to
stay back, it is further alleged that the accused persons assaulted
and killed his son thereafter hanged his dead body on a tree in
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an orchard, it is next alleged that while his son was being
assaulted, he had called at 06:03 PM, but thereafter his phone
was switched off.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that informant is not an
eyewitness to the occurrence nor the FIR even remotely
discloses or suggests that the victim while talking to the
informant disclosed who was assaulting him. It is next
submitted that petitioner is the brother-in-law of the deceased
and no brother-in-law would want his sister to become a widow.
It is also submitted that had the petitioner been involved in the
occurrence, in that event efforts would have been made to
dispose of the dead body with a view to conceal the evidence,
but then the dead body was found hanging on a tree in an
orchard. It is next submitted that whenever any dispute arises in
between the husband and the wife and the occurrence of the
nature as alleged takes place, the entire family members are
implicated in a mechanical manner with general and omnibus
allegations. It is further submitted that police after investigation
submitted charge-sheet under Sections 108, 61(2) and 3(5) of
the BNS against some of the accused, finding that the deceased
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committed suicide, but then investigation against the petitioner
is continuing. It is next submitted that if privilege of
anticipatory bail is granted, the petitioner will not abscond
rather will cooperate in the investigation to prove his innocence.
5. The learned APP for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail 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 Hathauri P.S. Case No. 72 of 2025,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
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8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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