Patna High Court
Gopal Kumar Singh @ Gopal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
The petitioner, Gopal Kumar Singh, a truck driver, was arrested on 15 May 2025 in connection with a case involving the alleged disappearance of a rice consignment. He was charged under Sections 318(4) and 316(2) of the Bihar Negotiable Instruments Act, 2023, on the basis that the goods were allegedly sold by him. The petitioner contended that he was merely the driver and had no involvement in the alleged theft. The prosecution opposed bail, alleging his participation in the sale of the goods and citing a prior case where he was on bail. The court examined the material, found no conclusive evidence of his culpability beyond his role as driver, and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 318(4) and 316(2) of the Bihar Negotiable Instruments Act, 2023.
- The prosecution's claim that the petitioner sold the consigned goods justifies denial of bail.
- What conditions, if any, should be imposed on the grant of bail in this case.
Subjects
- bail
- criminal procedure
- Sections 318(4) BNI Act
- Section 316(2) BNI Act
- driver liability
- evidence tampering
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79626 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- AYARKOTHA District- Rohtas
======================================================
Gopal Kumar Singh @ Gopal Kumar S/O Deenanath Singh R/O Village-
Babhanpurwa, P.S.- Sasaram(M), District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 29-01-2026 Heard Mr.Ajay Kumar Tiwari, learned counsel for
the petitioner and Mr.Ram Priya Sharan Singh, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
15.05.2025 in connection with Ayarkotha P.S. Case No.08 of
2025, F.I.R. dated 15.01.2025 registered for the offence
punishable under Sections 318(4),316(2) of BNS,2023.
3. The case of the prosecution is in written report of
one Radhe Shyam Prasad, who states that he is a businessman
engaged in purchase and sale of food grains with GSTIN No.
10AGSPP1626KIZA. On 04.11.2025, he states to have hired a
truck from Rudra Road Lines bearing Registration No.
BR24GB5181 and loaded rice weighing 308.20 Kg costing
around Rs. 961584/-, for conveyance to Modern Agro
Patna High Court CR. MISC. No.79626 of 2025(5) dt.29-01-2026
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Industries, Bahraich (U.P.). The truck did not arrive to the
destination till 09.01.2024. The driver of the truck (the
petitioner) was contacted whose mobile was found switched off.
The information was transmitted to Ranjit Singh, the transporter.
Ranjit Singh said that he would contact the owner of the vehicle.
Then he, the transporter did not answer appropriately and the
consignment did not arrive at the destination till 11.01.2025. It
is alleged that the petitioner transporter Ranjit Singh and owner
of the vehicle Prince Kumar have eloped the consignment.
4. Learned counsel appearing for the petitioner
submits that the petitioner has been made accused in the present
case merely on the ground that he is driver of the vehicle in
question and the petitioner has no concern at all with the alleged
occurrence. The police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 15.05.2025.
5. Learned A.P.P. for the State, on the basis of the
material available on the record and the case diary, has
vehemently opposed the prayer for bail of the petitioner and
submits that it has come during investigation that the petitioner
has sold the goods which was found in the truck in question and
apart from the aforesaid, the petitioner carries one more case
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other than the present one but fairly submits that the petitioner is
on bail in the said case, as mentioned in para-3 of the bail
petition.
6. Considering the aforesaid facts, let the petitioner,
above named, 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 learned J.M.-1st Class, Dehri, Rohtas
in connection with Ayarkotha P.S. Case No.08 of 2025, with the
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 and
on his/her absence on two consecutive dates without sufficient
reason, his/her 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
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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)
Nitesh/-
U T
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