Patna High Court
Gopal Yadav @ Gorakh @ Jai Kishore Kumar @ Gopal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, subject to a bond and sureties, with the power to cancel if he attempts to delay the trial.
Summary
The petitioner, Gopal Yadav, a government servant with the Indian Railways, was arrested in connection with a property‑related dispute that allegedly led to a shooting injuring the informant's son. He faces multiple serious offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 324(4), 109, 352 and 351(2) of the BNS, 2023 and Section 27 of the Arms Act. The petitioner had earlier sought anticipatory bail, which was denied, and has been in custody since 7 November 2025. He argued that the incident may have involved cross‑fire and that, as a government employee, he would not flee or obstruct the trial. The court, after considering the submissions, ordered his release on bail with a bond of Rs. 25,000 and two sureties, subject to the condition that the trial court may cancel the bail if he attempts to delay the proceedings.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences charged
- Whether the prior denial of anticipatory bail and the petitioner’s criminal antecedents preclude bail
- Whether the petitioner’s status as a government servant and the possibility of cross‑fire affect the bail decision
Legislation cited
Subjects
- bail
- anticipatory bail
- criminal procedure
- Arms Act
- government servant
- property dispute
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2227 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- Amhara P.S. (I.I.T.A. Bihta) District-
Patna
======================================================
Gopal Yadav @ Gorakh @ Jai Kishore Kumar @ Gopal Kumar Son of
Mithlesh Yadav Resident of Village- Dilawarpur, English Tola, P.S.- IIT
Amhara, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nisha Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner, Ms. Nisha
Singh and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with IIT
Amhara P.S. Case No. 109 of 2025 registered for the offences
punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),
324(4), 109, 352 and 351(2) of the BNS, 2023 read with Section
27 of the Arms Act.
3. Learned counsel for the petitioner submits that
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petitioner has antecedent of three cases, but then two cases were
instituted from the side of the instant informant. It is next
submitted that informant and the petitioner are related and are
having dispute relating to property. It is next submitted that
petitioner had earlier moved before this Court seeking
anticipatory bail by filing Criminal Miscellaneous No. 71607 of
2025 and the same came to be rejected by an order dated
15.10.2025. It is further submitted that petitioner is in custody
since 07.11.2025.
4. Learned counsel for the petitioner next submits that
from perusal of the allegation as alleged in the FIR, it would
manifest that on account of dispute relating to boundary wall,
the occurrence is alleged to have been committed and petitioner
is alleged to have fired causing firearm injury on neck of the son
of the informant on orders of Munna Yadav. It is next submitted
that petitioner is a government servant and is employed with the
Indian Railways. It is also submitted that from side of the
petitioner, IIT Amhara P.S. Case No. 110 of 2025 was instituted
by Malti Devi against and informant and his side. It is next
submitted that from perusal of the FIR instituted by Malti Devi
annexed as Annexure-2 to the bail application, it would manifest
that it has been specifically alleged that 20 accused persons
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were present at the place of occurrence from the side of the
informant and some of them were carrying firearm, it is thus
submitted that it might be a possibility that the injury received
by the son of the informant may have been caused in cross
firing, bu then petitioner being a government servant came to be
implicated. It is further submitted that petitioner, being
government servant, is aware of the consequences which would
entail in the event of his conviction and a government servant
generally would not indulge in act of committing the occurrence
of firing, stabbing etc. It is also submitted that petitioner will not
abscond rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
25,000/- (Rupees Twenty Five 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 IIT Amhara P.S. Case No. 109 of 2025.
7. However, it is made clear that if the learned Trial
Court comes to a conclusion that petitioner after his release is
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trying to delay the framing of charge or after framing of charge
is trying to delay the trial, in both the conditions, the learned
Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
8. Accordingly, the instant bail application stands
allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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