Patna High Court
Gopal Prasad Singh @ Gopal Chandra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Gopal Prasad Singh and Ajay Kumar Singh, were named in an FIR for alleged assault, robbery and other offences under several sections of the Indian Penal Code. They sought anticipatory bail, arguing that the injuries to the victims were simple, the police had filed a closure report, and no proceeding under Section 82 of the CrPC had been initiated. The State opposed the bail, contending the seriousness of the offences. The Court examined the medical report, the closure report, and the lack of a Section 82 proceeding, finding the allegations of severe assault unconvincing. Consequently, the Court granted anticipatory bail to the petitioners, subject to a bail bond, sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, and directed verification of any Section 82 proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioners given the nature of the alleged offences.
- Whether the simple nature of the injuries and the police closure report justify bail.
- Whether the absence of a proceeding under Section 82 CrPC precludes arrest.
- Whether conditions under Section 438 CrPC and Section 482 B.N.S.S. are applicable.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482
- Criminal Procedure Code — s. 438, 82
- Indian Penal Code — s. 147, 149, 307, 323, 325, 341, 379, 506
Subjects
- anticipatory bail
- IPC offences
- section 438 CrPC
- section 82 CrPC
- Bhartiya Nagarik Suraksha Sanhita
- closure report
- injury assessment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31487 of 2026
Arising Out of PS. Case No.-394 Year-2017 Thana- BANKA District- Banka
======================================================
1. Gopal Prasad Singh @ Gopal Chandra Singh S/o Late Govind Singh R/o
Village - Gurudwar, P.S - Barahat, District - Banka
2. Ajay Kumar Singh S/o Late Pratap Narayan Singh R/o Village - Gurudwar,
P.S - Barahat, District - Banka
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Banka (Barahat)
P.S. Case No. 394 of 2017 registered for the offences punishable
under Sections 147, 149, 341, 323, 307, 325, 379 and 506 of the
Indian Penal Code.
3. As per FIR, 50 persons including petitioners assaulted
the informant and his brother causing head and bodily injury
and also snatched cash of Rs. 10,000/- and golden chain from
his possession.
4. Learned counsel appearing on behalf of the petitioners
submitted that in view of injury where the doctor found only
Patna High Court CR. MISC. No.31487 of 2026(2) dt.14-05-2026
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two lacerated wounds on the person of the injured, the
allegation as to assault by 50 persons appears not convincing. It
is pointed out that after investigation police submitted final
form/closure report against the petitioners, but learned
jurisdictional Magistrate took cognizance against the petitioners
after taking a different view, without assigning any reason.
5. It is submitted that the injuries as alleged to be caused
upon the informant and his brother, upon medical examination,
found simple in nature, which negate intention to cause death.
While concluding argument, it is submitted that similarly
situated co-accused were granted bail by one of the learned
coordinate Bench of this Court through Cr. Misc. No. 50530 of
2017 dated 03.11.2017.
6. It is categorically submitted that the matter is of the
year 2017 i.e. almost about 10 years old and in view of same a
statement at bar was made by Mr. Ajay Mukherjee, learned
counsel appearing for the petitioners that no proceeding under
section 82 Cr.P.C. has been initiated against the petitioners till
date.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
8. In view of the aforesaid factual submissions and by
taking note of the fact as allegation qua physical assault is
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appearing very much general and omnibus in nature, where the
injuries, upon medical examination, was found simple in nature,
coupled with the fact that police after investigation submitted
closure report against the petitioners, accordingly, both above-
named petitioners, in the event of their arrest/surrender within a
period of four weeks from this order, are directed to be enlarged on
bail on furnishing of bail bond of Rs.10,000/- (ten thousand only)
each with two sureties of the like amount each to the satisfaction
of learned Chief Judicial Magistrate, Banka /concerned court in
connection with Banka (Barahat) P.S. Case No. 394 of 2017,
subject to the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
9. Learned trial court is directed to verify whether any
proceeding under section 82 Cr.P.C. against the petitioners has
been initiated or not, and, if it is found that any such proceeding
was initiated prior to passing of this order contrary to the statement
as made by learned counsel appearing for the petitioners at bar, as
mentioned aforesaid, the bail bond shall not be accepted.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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