Patna High Court
Gopal YadavversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner.
Summary
Gopal Yadav applied for bail in a case (Kotwali P.S. Case No.467 of 2013) involving multiple offences under the Indian Penal Code and the Bihar Medical Service Institution and Person Protection Act, alleged to have assaulted doctors, nurses and hospital staff. The prosecution’s FIR named five accused and 10‑12 unknown persons, but the petitioner’s name was not originally in the FIR and he claims he was falsely implicated. He contended that his wife died in the same hospital due to alleged medical negligence and that he has been in custody since 20‑07‑2025 with two prior criminal antecedents. The State opposed bail, citing the seriousness of the charges. After considering the facts, the court found the petitioner’s claim of false implication credible and, taking into account the period of custody, decided to grant bail. The bail was set at Rs.15,000 with two sureties of the same amount each.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences and alleged false implication in the FIR
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 353, 354, 380, 427, 452, 504
Subjects
- bail
- false implication
- IPC offences
- medical staff assault
- criminal procedure
- Bihar Medical Service Institution and Person Protection Act
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86059 of 2025
Arising Out of PS. Case No.-467 Year-2013 Thana- GAYA KOTWALI District- Gaya
======================================================
Gopal Yadav S/O Late Lalu Yadav Resident of Village- Kandi Nawada, P.S.
Chandauti, District- Gaya,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kotwali
P.S. Case No. 467 of 2013 instituted for the offences under
Sections 147, 148, 149, 341, 323, 307, 353, 452, 380, 354, 504,
427 of the Indian Penal Code and Section 4 of the Bihar
Medical Service Institution and Person Protection Act.
3. As per the prosecution, the F.I.R. has been lodged
against five named and 10-12 unknown accused persons,
alleging that they abused and assaulted the doctors of the
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hospital. The accused are also alleged to have misbehaved with
the nurses and other hospital staff after handing over the dead
body to the informant's family.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case during investigation. Learned counsel for
the petitioner submitted that general and omnibus allegation has
been made against the accused persons. Learned counsel further
submitted that, as a matter of fact, the wife of the petitioner died
in the hospital due to negligence of the doctor and other medical
staffs. It has been submitted on behalf of the petitioner that the
petitioner is in custody since 20.07.2025 and has two criminal
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
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below/concerned Court in connection with Kotwali P.S. Case
No. 467 of 2013.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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