Patna High Court
Gopal Prasad @ Gopal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482 of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Gopal Kumar, applied for anticipatory bail in connection with a case (Ayarkotha P.S. Case No. 8 of 2025) alleging offences under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita relating to the disappearance of a truck carrying rice. The prosecution’s case is based on an informant’s allegation that the petitioner introduced the truck driver to the informant and that the driver vanished with the cargo. The petitioner contended that he has no direct involvement, received no money, and has no criminal antecedent, arguing that the only link is a statement by the truck owner’s brother. The State opposed the anticipatory bail, asserting the seriousness of the alleged offences. The High Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and specific conditions under Section 482 of the BNSS, noting that the order’s observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in the absence of direct incriminating evidence.
- Whether the allegations under Sections 318(4) and 316(2) of the BNSS justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4), 482
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 318
- Section 316
- Section 482
- bail conditions
- theft
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53964 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- AYARKOTHA District- Rohtas
======================================================
Gopal Prasad @ Gopal Kumar S/o Late Bhagwan Sah R/o Mohalla - New
Diliyan, Ward No. 20, P.S - Dehri-on-sone, District - Rohtas (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Ayarkotha P.S. Case No. 8 of 2025, instituted
for the offences punishable under Sections 318(4) and 316(2) of
the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant has
alleged that he had hired a truck from Rudra Road Lines and had
loaded rice upon it however the truck driver was traceless
thereafter and his mobile phone was found to be switched off.
The informant has raised suspicion that it was the driver Gopal
Kumar and the transporter Ranjeet Singh and the owner of the
vehicle Prince Kumar who were involved in the said crime.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been roped in merely because his name had
Patna High Court CR. MISC. No.53964 of 2025(5) dt.21-01-2026
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surfaced in the statement of the brother of the owner of the truck
who has stated that it was the petitioner who had introduced the
driver to the informant. It has further been submitted that from
perusal of the case diary, it would be evident that there is nothing
specific alleged against the petitioner rather from the statement
made by the purchaser of the said rice namely Vicky Kumar, it
would be evident that the entire amount was sent in the account
of Gopal Kumar, the truck driver and one Girdhar Kumar. It is
also submitted that the police had not found any connection of
the present petitioner with the main accused of the case nor has
he received a single penny out of such transaction. It is further
submitted that the petitioner has no criminal antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate - 1st Class, Dehri, Rohtas in
connection with Ayarkotha P.S. Case No. 8 of 2025, subject to
the conditions as laid down under Section 482 of the BNSS and
Patna High Court CR. MISC. No.53964 of 2025(5) dt.21-01-2026
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subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the learned
Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) 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 bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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