Patna High Court

Gopi Sahani @ Gobari Sahani @ Gobri SahaniversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail is granted to the petitioner subject to the conditions imposed under the CrPC.

Summary

The petitioner, Gopi Sahani, applied for anticipatory bail fearing arrest in connection with Lakhaura Police Station Case No. 76 of 2014, which alleged offences under numerous sections of the Indian Penal Code and Section 3 of the Prevention of Damage of Public Property Act. The FIR named 25 accused and 150 unknown persons, alleging that they entered the police station armed with lathis, danda, bhala, and farsa and damaged windows, doors, furniture, a government vehicle and mobile phones. The petitioner’s name was added to the FIR only after a considerable delay. The court examined whether the delay in implicating the petitioner and the seriousness of the alleged offences justified denial of anticipatory bail. Finding that the delay warranted relief, the court allowed the anticipatory bail application, subject to conditions under Sections 482 and 438(2) of the Code of Criminal Procedure, 1973. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged in the FIR
Whether the delay in adding the petitioner as an accused justifies the grant of anticipatory bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482
Indian Penal Code — s. 147, 148, 149, 307, 308, 323, 324, 332, 333, 342, 353, 411, 427, 452, 504, 506
Prevention of Damage of Public Property Act — s. 3

Subjects

anticipatory bail
delay in accusation
Indian Penal Code offences
public property damage
bail conditions
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34987 of 2025
                  Arising Out of PS. Case No.-76 Year-2014 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Gopi Sahani @ Gobari Sahani @ Gobri Sahani S/O Ramhran @ Rajharan
                 Sahani R/O Village- Bahuari, PS- Lakhaura, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Sunil Kumar No.III, Advocate
                 For the State           :       Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   24-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Lakhaura P.S. Case No. 76 of 2014 instituted under

                   Sections 147, 148, 149, 342, 323, 324, 332, 333, 353, 427, 307,

                   308, 411, 452, 504 and 506 of the Indian Penal Code and

                   Section 3 of the Prevention of Damage of Public Property Act.

                                3. As per the prosecution, FIR has been lodged

                   against 25 named accused persons and 150 unknown persons

                   holding various weapons like Lathi, Danda, Bhala, Farsa in

                   their hand in the leadership of accused Babulal Sahani entered

                   into Police Station premises and started damaging windows,

                   door, glasses, chair, as well as government vehicle and two

                   mobile phones.
           Patna High Court CR. MISC. No.34987 of 2025(4) dt.24-02-2026
                                                       2/2




                                  4. Some named accused persons have misbehaved

                     with the police in the year 2014. Recently, the name of the

                     petitioner has come in the occurrence.

                                  5. Considering the delay in making the petitioner

                     accused, this application for anticipatory bail of the petitioner

                     is allowed.

                                  6. Accordingly, in the event of arrest or surrender

                     before the Court below within six weeks from today, the

                     petitioner, above named, be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, Motihari, East Champaran/ concerned Court in

                     connection with Lakhaura P.S. Case No. 76 of 2014, subject to

                     the conditions laid down in Section 482 of the BNSS/ 438(2) of

                     the Code of Criminal Procedure, 1973.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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