Patna High Court

Gopal Sharan Murari @ Murari YadavversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the petitioner was alleged to be an assailant in a grave offence resulting in death.

Summary

The petitioner, Gopal Sharan Murari, sought anticipatory bail after being named in an FIR for a violent assault that resulted in the death of the informant’s father. The informant alleged that on 5 September 2024 the petitioner, along with co‑accused, entered his house armed and assaulted the family with a pistol, causing fatal injuries. The petitioner contended he is innocent, a school headmaster, and that the allegations are vague and intended to harass him, citing his clean record. The State and the informant’s counsel opposed bail, emphasizing the specific accusation that the petitioner participated in the assault leading to death. The court, after considering the seriousness of the offence and the petitioner’s alleged role as an assailant, rejected the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged assault and death.

Legislation cited

B.N.S., 2023 — s. 103(1), 109, 115(2), 118(2), 126(2), 303(2), 333, 3(5), 351(3), 352

Subjects

anticipatory bail
criminal law
assault
homicide
B.N.S. 2023
FIR
grave offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84083 of 2025
                      Arising Out of PS. Case No.-23 Year-2024 Thana- Pastpar Pusthi District- Saharsa
                 ======================================================
                 Gopal Sharan Murari @ Murari Yadav S/O Shri Nand Lal Yadav R/O Village-
                 Jalaiya, Ward No. 01, P.S- Pastpar, Distt.- Saharsa, Pin Code- 852107.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Mr. Navin Prasad Singh, Advocate
                 For the State             :        Mr. Shantanu Kumar, APP
                 For the Informant         :        Mr. Raja Surendra Mohan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 118(2), 303(2), 109, 333, 352, 351(3) and 3(5) of the

                   B.N.S., 2023 and later on, Section 103(1) of the B.N.S. was

                   added.

                                3. As per the prosecution story, the informant alleged

                   that on 05.09.2024, all the F.I.R. named accused persons,

                   including the petitioner, armed variously, forced themselves in

                   the house of the informant and on the order of co-accused

                   Kailash, this petitioner along with co-accused Digambar and
Patna High Court CR. MISC. No.84083 of 2025(2) dt.09-02-2026
                                            2/3




          Satyam started assaulting with country made pistol. Further

          omnibus allegation is against other accused persons of

          assaulting the family members who all become unconscious and

          were shifted to Primary Health Centre, Patarghat and then to

          Saharsa/Madhepura. During the course of the treatment, the

          father of the informant, namely Maheshwar Yadav died.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Petitioner is head master of a school and

          only with a view to harass and humiliate him, he has falsely

          been implicated in this case. Moreover, allegation of assault is

          general and omnibus and no specific accusation of overt act has

          been alleged against this petitioner. Petitioner claims clean

          antecedents.

                       5. On the other hand, learned A.P.P. for the State and

          learned counsel for the informant have vehemently opposed the

          prayer for grant of anticipatory bail to the petitioner and

          submitted that petitioner is named in the F.I.R. with specific

          accusation that he, along with co-accused Digamber Yadav and

          Satyam Kumar assaulted father of informant with butt of pistol

          due to which, during course of treatment, he died.

                       6. Considering the facts and circumstances of the
             Patna High Court CR. MISC. No.84083 of 2025(2) dt.09-02-2026
                                                         3/3




                       case, fact that petitioner is one of the assailant of the deceased

                       and gravity of offence, the prayer for grant of anticipatory bail

                       to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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