Patna High Court
Gopal Sahani @ Gopal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Gopal Sahani (alias Gopal Kumar) was arrested in connection with Banjariya Police Station Case No. 182 of 2024, which alleged offences under several sections of the BNS Act. He filed a petition for regular bail, contending that the FIR was vague, naming 30 accused and 200 unknown persons, and that the only allegation against him was shouting, with a four‑day delay in filing the FIR. He also highlighted his lack of criminal antecedents and his prolonged custody since 21 September 2025. The State opposed the bail. Considering the petitioner’s young age, the absence of specific incriminating material, and the circumstances of his detention, the Court granted regular bail on a bond of Rs.20,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioner under the BNS Act given the alleged offences and the circumstances of the FIR and custody.
Legislation cited
- BNS Act — s. 115(2), 118(1), 190, 191(2), 191(3), 303(2), 324(2), 326(g), 351(2), 351(3), 352
Subjects
- regular bail
- BNS Act
- FIR
- delay in filing FIR
- criminal antecedent
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86125 of 2025
Arising Out of PS. Case No.-182 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
Gopal Sahani @ Gopal Kumar Son of Shambhu Sahani Resident Of Village -
Chailaha Tal, Ward No. 13, P.S. - Banjariya, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravin Kumar, Adv.
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Pravin Kumar, learned counsel for the
petitioner and Mr. Tapeshwar Sharma, learned APP for the State.
2. Petitioner seeks regular bail in connection with
Banjariya P.S. Case No. 182 of 2024 dated 26.07.2024
registered for the offences punishable under sections 190,
191(2) (3), 115(2), 118(1), 303(2), 324(2), 326(g), 352, 351(2)
& (3) of the BNS Act.
3. The main submissions advanced by the petitioner’s
counsel are that the FIR has been registered against 30 named
accused persons including the petitioner and 200 unknown
persons but against him, there is no specific allegation except
shouting by the petitioner during the course of alleged
occurrence and an inordinate delay of four days took place on
the part of the informant in lodging the FIR and there is case
Patna High Court CR. MISC. No.86125 of 2025(2) dt.09-01-2026
2/2
and counter case between the parties. It is further submitted that
the petitioner has been languishing in jail since 21.09.2025 and
he bears no criminal antecedent.
4. Learned APP for the State has opposed the bail
prayer of the petitioner.
5. In the facts and circumstances of the case as well
as averments made in the petition and the petitioner’s custody
period and his young age, this court is inclined to release the
petitioner on bail. Accordingly, let the petitioner named-above
be released on bail on furnishing bail bond of Rs.20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the Court concerned in connection
with Banjariya P.S. Case No. 182 of 2024.
(Shailendra Singh, J)
siddharthkr/-
U T
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