Patna High Court
Gopal Kumar Singh @ Gopal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner subject to a bond, sureties and conditions under Sections 438(2) and 482(2) of the CrPC.
Summary
The petitioner, Gopal Kumar Singh, sought anticipatory bail after being implicated in a fraud case involving forged Aadhaar and PAN cards and alleged violations of IPC sections 420, 467, 471 and 34. He contended that he was merely a witness to a sale deed fraud perpetrated by another individual, Kamlesh Mishra, and that the FIR was lodged 21 days after the alleged offence. The State opposed the grant of anticipatory bail. The Court considered the petitioner’s lack of criminal antecedents, his limited role as a witness, and the fact that the principal accused had already been granted provisional bail. Accordingly, the Court ordered that the petitioner be released on anticipatory bail if arrested, subject to a bond of Rs.25,000 with two sureties and conditions under Sections 438(2) and 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC despite the FIR alleging offences under IPC sections 420, 467, 471 and 34.
- Whether the petitioner’s role as a mere witness precludes the necessity of detention.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 34, 420, 467, 471
Subjects
- anticipatory bail
- fraud
- forged documents
- IPC
- CrPC
- witness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25169 of 2026
Arising Out of PS. Case No.-52 Year-2023 Thana- SITAMARHI District- Sitamarhi
======================================================
Gopal Kumar Singh @ Gopal Singh S/O Late Vinda Singh Resident of
Village- Mehsaul Chauk Anchal Gali, P.S. and District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 420, 467, 471,34 of the Indian Penal
Code.
3. Petitioner is said to have committed fraud by using
forged Aadhaar Card, PAN Card and fabricated documents.
4. Learned counsel for the petitioner submits that the
allegation in the present case relates to executing sale deed
fraudulently by one Kamlesh Mishra and so far as petitioner is
concerned, he is only said to be a witness on the said sale deed. It
is further submitted that the FIR was lodged after a delay of 21
days and both the vendor and vendee of the land in question have
been granted provisional bail by a coordinate Bench of this Court
vide order dated 06.12.2023 passed in Cr. Misc. No. 58710 of
Patna High Court CR. MISC. No.25169 of 2026(2) dt.30-04-2026
2/2
2023.
5. However, learned APP for the State opposes the grant
of anticipatory bail.
6. Taking into consideration the facts and circumstances
and also considering the fact that the role of the petitioner remains
confined to be a witness to the sale deed in question, let the above
named petitioner, who has no criminal antecedent, be released on
bail, in the event of his arrest or surrender before the learned Court
below within a period of four weeks from today, on furnishing bail
bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/ successor Court in
connection with Sitamarhi Mehsaul Police Station Case No. 52 of
2023, subject to the condition as laid down under Section 438 (2)
of the Cr.P.C./482 (2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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