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Patna High Court

Gopal Rai @ Gopalji Ray @ Gopalijee Rai @ Gopi RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to monetary bond, sureties, and conditions under Section 482(2) of the Bihar Negotiable Substances Act.

Summary

The petitioner, Gopal Rai, sought anticipatory bail fearing arrest in a case registered under Sections 191(2), 191(3), 190, 109 and 132 of the Bihar Negotiable Substances Act, 2023 and Section 27 of the Arms Act, arising from a shooting incident that injured a woman. The FIR named 29 accused and 40‑50 unknown persons based on an informant’s account of a dispute between rival groups. The petitioner claimed innocence and alleged false implication, while the State opposed the bail on the ground of the seriousness of the offences and the petitioner’s six prior criminal antecedents. The Court examined the general and omnibus nature of the allegations and noted that a co‑accused had already been granted anticipatory bail. Balancing the petitioner’s right to liberty against the seriousness of the case and his antecedents, the Court granted anticipatory bail on a bond of Rs.50,000 with two sureties, one of whom must be the petitioner’s son, subject to Section 482(2) of the Bihar Negotiable Substances Act and a condition that bail may be cancelled if the petitioner does not cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the seriousness of the offences alleged in the FIR.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • FIR
  • arms act
  • bail conditions
  • prior criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2306 of 2026
                       Arising Out of PS. Case No.-240 Year-2024 Thana- DORIGANJ District- Saran
                 ======================================================
                 Gopal Rai @ Gopalji Ray @ Gopalijee Rai @ Gopi Rai S/o- Shivparsan Rai
                 @ Kripal Rai Village- Raipur Bingawan Police station- Doriganj District-
                 Saran, Chapra.
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Kishor Mishra, Adv.
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 191(2), 191(3), 190,

                   109 and 132 of B.N.S., 2023 as well as Section 27 of the Arms

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of three cases and the informant

                   alleges that on 27.09.2024 at 09:00 p.m., he heard an

                   information regarding dispute in between two rival groups and

                   the groups in order to establish supremacy were resorting to

                   firing and a woman suffered gunshot injury, namely, Rajani

                   Kumari. Accordingly, the informant proceeded towards the

                   place of occurrence and heard sound of firing coming from
Patna High Court CR. MISC. No.2306 of 2026(2) dt.28-01-2026
                                            2/3




          different directions. Further, from the place of occurrence and

          on the way also, the informant found several empty cartridges

          and Rajani Kumari was sent to hospital. Accordingly, the FIR

          was instituted against 29 named accused persons along with 40-

          50 unknown accused.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence and he has

          falsely been implicated in this case.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. From the perusal of the allegations as alleged in the

          FIR, it would be manifest that the allegations are general and

          omnibus in nature. It is also submitted that based on secret

          information and disclosure made by the villagers, the names of

          the accused persons were recorded in the FIR. One of the co-

          accused person namely, Bhikham Rai @ Bhikhan Rai has

          already been granted privilege of anticipatory bail vide order

          dated 20.01.2026 passed in Cr. Misc. No.86261 of 2025.

                       7. Considering these aspects of the matter, this Court

          is inclined to grant anticipatory bail to the petitioner, but

          considering the fact that the petitioner has six criminal

          antecedents, which have been disclosed in paragraph-3 of the
          Patna High Court CR. MISC. No.2306 of 2026(2) dt.28-01-2026
                                                      3/3




                    application, the petitioner will be released on anticipatory bail

                    on furnishing bail bonds of Rs.50,000/- (Rupees Fifty

                    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 Doriganj P.S. Case

                    No.240 of 2024, subject to the conditions as laid down under

                    Section 482(2) of B.N.S.S

                                 8. It is made clear that one of the bailors shall be the

                    son of the petitioner, namely, Ajay Kumar Ray.

                                 9. It is also made clear that 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 cooperating in the investigation, in that event,

                    the learned Trial Court shall be at liberty to cancel the bail

                    bonds of the petitioner after recording reasons.

                                 10. Let a copy of this order be sent to the concerned

                    Police Station through the learned Trial Court.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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