Khushu Sah @ Gopal KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4319 of 2026
                     Arising Out of PS. Case No.-140 Year-2021 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Khushu Sah @ Gopal Kumar Son of Rajendra Sah Resident of Village -
                 Siyarua, Police Station - Jagdishpur, District - Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-02-2026                  Heard Mr. Ashok Kumar Singh, learned counsel for

                   the petitioner and Mr. Amitesh Kumar, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Jagdishpur P.S. Case No. 140 of 2021, F.I.R.

                   dated 07.04.2021 for the offences punishable under Sections

                   302/34 of the IPC and Section 27 of the Arms Act.

                                3. According to prosecution case, while the informant

                   was sitting at his door all the accused person including the

                   petitioner, came at the door of deceased Narad Mahto and co-

                   accused Umesh Paswan fired upon the deceased. Allegation

                   against the petitioner of firing which did not hit any person.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.4319 of 2026(2) dt.06-02-2026
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          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. He further submits that it

          appears from the FIR that the specific allegation of firing upon

          deceased is against the co-accused Umesh Paswan and Sannu Sah

          and there is no specific allegation of firing against this petitioner.

                       5.   Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and that petitioner has clean antecedent as well as there is no

          specific allegation of firing against the petitioner, let the

          petitioner, above named, in the event of his 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 C.J.M.,

          Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 140

          of 2021, subject to the conditions as laid down under Section

          482(2) of the Code of Criminal Procedure and with other

          following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court
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                      and on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
khushbu/-

U      T