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Patna High Court

Gopal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Gopal Yadav, sought anticipatory bail in connection with a criminal case (Munger Muffasil P.S. Case No. 392 of 2024) involving alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The allegations against him pertained solely to the alleged snatching of a gold locket, while other accused were alleged to have fired weapons during a dispute at a public place. The petitioner argued that he was falsely implicated and had no involvement in the firing incidents. The Additional Public Prosecutor opposed the bail, but the court observed that there was no specific allegation of firing against the petitioner and that the case appeared to be an over‑implication. Consequently, the court granted anticipatory bail subject to a bail bond and sureties, invoking Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNSS
  • Whether the petitioner is likely to be implicated in the offences alleged in the case

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Section 438
  • Section 482
  • over‑implication
  • public place assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29657 of 2026
                 Arising Out of PS. Case No.-392 Year-2024 Thana- MUNGER MUFFASIL District- Munger
                 ======================================================
                 Gopal Yadav S/o- Lakhan Yadav Resident of Village- Bihari Marar Tola PS-
                 Muffasil, Dist- Munger

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Suman Kumar Mishra, Adv.
                 For the Opposite Party/s :      Mr.Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   13-05-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Munger Muffasil P.S. Case No. 392 of 2024

                   registered for the offences punishable under Sections 126(2),

                   109, 303(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 27 of Arms Act.

                               3. Allegation is with regard to cleaning and

                   maintenance of the ghat for the purposes of Chatth Puja. One

                   Kaltu Yadav fired upon the brother of the informant and

                   Ashutosh Anand fell down. Pappu Yadav and Raj Yadav are

                   alleged to have fired but that did not hit anybody. The allegation

                   against the petitioner is of snatching the gold locket.

                               4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29657 of 2026(3) dt.13-05-2026
                                            2/3




          petitioner is innocent and has falsely been implicated in the

          present case. The allegation against the petitioner is of snatching

          the gold locket and he bears one criminal antecedent.

                      5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail of the petitioner.

                       6. Record would show that there is no allegation of

          firing against the petitioner, the only allegation is snatching of

          the gold chain. The matter relates to assault being made at a

          public place over a petty dispute. The presence of the petitioner

          would not be sufficient to implicate him in the case. The case

          seems to be over implication. Accordingly, this Court is inclined

          to grant anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Additional Sessions Judge-II, Munger

          in connection with Muffasil P.S. Case No. 392 of 2024 , subject

          to the conditions as laid down under Section 438(2) of the Code

          of Criminal Procedure / Section 482(2) of the Bharatiya Nagarik

          Suraksha Sanhita.
           Patna High Court CR. MISC. No.29657 of 2026(3) dt.13-05-2026
                                                       3/3




                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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