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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 126(2), 303(2), 3(5), 351(2)
- Code of Criminal Procedure — s. 438(2)
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
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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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