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Patna High Court

Gopal Pandit @ Gopal PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to surrender within eight weeks and furnishing a bail bond with two sureties.

Summary

The petitioner, Gopal Pandit, was apprehended for alleged involvement in the murder of Manish Kumar and the subsequent concealment of the dead body, as alleged in the confessional statements of co-accused Ankit Kumar and Rajesh Kumar. He faces charges under Sections 140(3), 103(1), 238, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioner applied for bail, asserting a clean antecedent and that his role was limited to assisting in body concealment. The State opposed the bail application. The court considered the nature of the offences, the petitioner’s alleged participation, and the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, and ordered bail on condition of surrender within eight weeks, a bail bond of Rs.10,000 and two sureties of equal amount.

Issues considered

  • Whether bail can be granted to the petitioner accused of murder and related offences under the Bhartiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s alleged role in concealing the dead body justifies denial of bail.
  • Applicability of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, in granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confession
  • murder
  • concealment of body
  • Section 482
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86426 of 2025
                         Arising Out of PS. Case No.-186 Year-2025 Thana- ROH District- Nawada
                 ======================================================
                 Gopal Pandit @ Gopal Pandey Son of Dharmendra Pandey @ Dharo Pandit
                 @ Dharmendra Kant Pandey Resident of Village - Mahrawan, P.S. - Roh,
                 District - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Nayan
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   28-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   punishable for the offences under Sections 140(3), 103(1), 238,

                   61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                3. As per F.I.R., on 03.06.2025 at about 05:00 PM,

                   informant’s son namely Manish Kumar had gone out of his

                   house but he did not return. The informant tried to contact on

                   mobile phone but it was switched off. Later, dead-body of

                   informant’s son was found.

                                4. Learned counsel for the petitioner submits that

                   name of the petitioner transpired during investigation in the

                   confessional statement of co-accused Ankit Kumar and Rajesh
           Patna High Court CR. MISC. No.86426 of 2025(3) dt.28-01-2026
                                                       2/2




                     Kumar, who stated that after committing the murder of

                     deceased, this petitioner was called to conceal the dead-body in

                     his godown. Even, as per confession, this petitioner only

                     assisted in concealing the dead-body. Petitioner claims clean

                     antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, be enlarged 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, Nawada in connection with Roh P.S. Case No.

                     186 of 2025, subject to condition as laid down under Section

                     482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                  (Prabhat Kumar Singh, J)
anay

U      T


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