Patna High Court
Vinod Kumar @ Vinod Gop @ Futal @ Futal GopversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The High Court grants anticipatory bail to the petitioner, subject to conditions, exercising its inherent powers under Section 482 of the CrPC.
Summary
The petitioner, Vinod Kumar, a government OT‑Assistant in Jharkhand, was implicated in a 2020 case alleging assault and attempted murder during a dispute over digging a ditch. He claimed the allegations were false, presenting an alibi that he was on duty at Sadar Hospital at the time, which was reflected in the investigating officer’s final report. The State opposed his request for anticipatory bail, citing the seriousness of the offences under sections 341, 323, 504, 506, 307 and 34 of the IPC. The High Court examined the alibi, the police report, and the petitioner’s status as a government servant, and found merit in granting relief. Consequently, the Court ordered anticipatory bail, subject to a bond of Rs 10,000 with two sureties and several conditions, invoking its inherent powers under Section 482 of the CrPC. The bail is to be effective for six weeks from the order, with compliance required on each trial date.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the charges
- Whether the alibi and the investigating officer’s report sufficiently negate the prosecution’s case
- Whether the petitioner’s status as a government servant warrants the exercise of the High Court’s inherent powers
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
Subjects
- anticipatory bail
- alibi
- government servant
- IPC offences
- Section 482 CrPC
- high court relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44733 of 2026
Arising Out of PS. Case No.-55 Year-2020 Thana- KARAI PARSURAI District- Nalanda
======================================================
Vinod Kumar @ Vinod Gop @ Futal @ Futal Gop Son of Valvir Gop
Resident of village - Sandh Bigha, Police Station - Karai Parsurai, District -
Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Prasad, Adv.
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Karai Parsurai P.S. Case No. 55 of 2020 for the
offence punishable under sections 341, 323, 504, 506, 307/34 of
the IPC lodged on 07.05.2020 by the informant.
3. As per the prosecution case, the allegation against
the petitioner is that he along with other accused persons started
digging a ditch in the field of the informant and when the
informant prevented them to do so, they assaulted the informant
and one of the FIR accused persons, namely, Makku Gope shot
fire which hit the head of the informant and he became
unconscious. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.44733 of 2026(2) dt.08-07-2026
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allegation against this petitioner is false and frivolous as this
petitioner is working as O.T. Assistant at Sadar Hospital,
Kodarma, Jharkhand and at the time of incident, the petitioner
was discharging his duties, which fact was examined by the
Investigating Officer and accordingly, final form in respect of
this petitioner was submitted. It is the case of the petitioner that
differing with the said police report, cognizance has been taken
merely on the basis of the nature of injuries and as also the re-
statement of the informant.
5. Learned APP opposes the prayer for anticipatory
bail of the petitioner.
6. Considering the fact that the plea of alibi which
has been examined and final form is submitted and this
petitioner being the Government servant in the State of
Jharkhand, this Court is inclined to extend him the privilege of
anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of Smt. Richa Rani, learned Judicial
Magistrate, 1st Class, Hilsa, Nalanda/Court concerned in
Patna High Court CR. MISC. No.44733 of 2026(2) dt.08-07-2026
3/3
connection with aforesaid PS Case, subject to the conditions as
laid down under Section 482(2) of the BNSS as well as the
following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
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