Patna High Court
Chhotu Kumar @ Karu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions under Section 482(2).
Summary
The petitioner, Gopal Rai, was named in an FIR for offences under Sections 191(2), 191(3), 190, 109 and 132 of the Bihar Negotiable Statutes, 2023 and Section 27 of the Arms Act, arising from a shooting incident that injured a woman. He claimed innocence and sought anticipatory bail, acknowledging six prior criminal antecedents. The State opposed the bail, arguing the allegations were serious and the petitioner was a material accused. The Court, noting the general nature of the FIR and the petitioner’s antecedents, granted anticipatory bail on the condition of furnishing a bail bond of Rs.50,000 with two sureties, one of whom must be his son, and subject to Section 482(2) of the Bihar Negotiable Statutes. The order also empowered the trial court to cancel the bail if the petitioner fails to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious allegations and his criminal antecedents.
- Whether the conditions imposed under Section 482(2) of the Bihar Negotiable Statutes are appropriate.
- Whether the prior grant of anticipatory bail to a co‑accused influences the decision in this case.
Legislation cited
- Arms Act — s. 27
Subjects
- anticipatory bail
- criminal procedure
- Section 191
- Section 190
- Section 109
- Section 132
- Arms Act
- Section 482
- bail conditions
- 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
Checking your session…