Patna High Court
Gopal DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that bail may be granted as the allegations are general and the petitioners have offered compensation, subject to conditions under Section 482(2).
Summary
Gopal Das and Moti Kumar sought bail in a criminal case (Kadirganj PS Case No. 181 of 2025) where they were alleged to have assaulted an informant with iron rods, causing a shoulder fracture and assaulting his family. The prosecution charged them under multiple sections of the B.N.S., 2023. The petitioners contended they were falsely implicated, argued that the allegations were vague and omnibus, and highlighted their clean antecedents. They offered to pay Rs.5,000 each to the informant for medical expenses without admitting guilt. The State opposed bail, but the court, noting the general nature of the allegations and the petitioners' willingness to compensate, granted bail subject to a bond of Rs.10,000 each and specific conditions under Section 482(2).
Issues considered
- Whether bail should be granted when the allegations are general and omnibus in nature
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or committing further offences
- Whether the offer to compensate the informant affects the bail decision
Legislation cited
- B.N.S., 2023 — s. 110, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 74
- B.N.S.S. — s. 482(2)
Subjects
- bail
- general allegations
- omnibus charge
- compensation
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23833 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- Kadirganj P.S. District- Nawada
======================================================
1. Gopal Das Son of Suresh Das R/o Village- Loharpura, PS- Kadirganj, Dist.-
Nawada
2. Moti Kumar Son of Suresh Das R/o Village- Loharpura, PS- Kadirganj,
Dist.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha, Adv.
Mr. Pramod Kumar Verma, Adv.
For the Opposite Party/s : Mr. Bharat Lal, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Kadirganj P.S. Case No. 181 of 2025 dated
16.06.2025 registered for the offence punishable under Sections
126(2), 115(2), 118(1), 117(2), 110, 74, 352, 351(2), 3(5) of the
B.N.S., 2023.
3. As per prosecution case, on 15.06.2025 at about
10:00 p.m., the accused persons, armed with iron rods, came to
the informant’s house, abused him and as also assaulted him,
causing fracture in the shoulder. They also assaulted his nephew
when he intervened. Thereafter, they continued abusing the
Patna High Court CR. MISC. No.23833 of 2026(2) dt.16-04-2026
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family and misbehaved with the female members.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. It is further submitted that there is no specific
allegation against the petitioners rather, the allegations are
general and omnibus in nature. The incident referred to in the
F.I.R. is stated to have taken place with other persons present in
the office of the informant, and during the said altercation, the
informant sustained injuries, which are simple in nature. It is
also submitted that the petitioners have clean antecedents.
5. At this stage, both the petitioners propose to pay
Rs. 5,000/- each to the informant towards medical expenses
alleged to have been incurred by him, without admitting their
guilt.
6. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
7. Having heard learned counsel for the parties and
considering the nature of allegation being general and omnibus
and were never intended to cause any injury to the Informant as
also taking into account the undertaking given by the petitioners
to pay Rs. 5,000/- each to the Informant to compensate the
medical expenses without accepting their guilt, let the above
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named petitioners, be released on bail, in the event of their
arrest or surrender before the learned Court below within a
period of six weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Additional
Sessions Judge-I, Nawada in connection with Kadirganj P.S.
Case No. 181 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. as well as the following
conditions:
(i) Each petitioner will pay an amount of Rs. 5,000/-
to the Informant at the time of furnishing bail bonds before the
court below.
(ii) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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