Patna High Court
Gopal @ Gopal GondversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner’s false affidavit and prior criminal record preclude the grant of anticipatory bail.
Summary
Gopal Gond applied for anticipatory bail fearing arrest in a case (Ara Nagar PS Case No. 680 of 2025) involving alleged theft of a bag, cash and documents. The informant, a civil court employee, claimed the petitioner, while intoxicated, seized her bag containing a mobile, documents and Rs. 3,000. The petitioner argued the FIR was exaggerated after the informant obtained employment. The prosecution highlighted the petitioner’s prior criminal record in Behea PS Case No. 191 of 2024 for assault and other offences, and noted that the petitioner had submitted a false affidavit denying any antecedents. Considering the false affidavit and the seriousness of the alleged offences, the court declined to extend bail. The anticipatory bail application was therefore rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged theft and related offences.
- Whether the petitioner’s false affidavit and prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 115, 126, 303, 86
- Indian Penal Code — s. 307, 323, 337, 34, 341, 504
Subjects
- anticipatory bail
- false affidavit
- criminal antecedent
- theft
- assault
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9866 of 2026
Arising Out of PS. Case No.-680 Year-2025 Thana- ARA NAGAR District- Bhojpur
======================================================
Gopal @ Gopal Gond Son of Bipin Bihari Gond Resident of Village- Fingi
Tola, Bihiyan, P.S.- Bihiyan, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bibhakar Tiwary, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Ara Nagar P.S. Case No. 680 of 2025 for the
offence under sections 126(2), 115(2), 303(2) and 86 of the
B.N.S. lodged on 04.11.2025 by the informant, Gudiya Kumari.
3. As per the prosecution story, the informant, who is
serving with the Civil Court, Bhojpur at Ara, alleged that she is
presently working under the District Legal Services Center and
on 30.10.2025, as she was sitting in her office, the petitioner-
husband, in a drunken condition, came and took away her bag
containing mobile, important documents and Rs. 3,000/- cash.
This led to the FIR.
4. Learned counsel for the petitioner submits that after
she got an employment, her behavior, towards him, changed and
Patna High Court CR. MISC. No.9866 of 2026(2) dt.23-02-2026
2/2
exaggerated FIR is there.
5. Learned counsel for the informant submits that fed
up with the drunken attitude of the petitioner, she already shifted
to her father’s home but still entering in the Civil Court campus,
the occurrence took place. Further, contrary to the statement
made in paragraph-3 that he do not have criminal antecedent, he
is one of the main accused in Behea P.S. Case No. 191 of 2024
lodged on 26.06.2024 under Sections 341, 323, 504, 307, 337
and 34 of the IPC and the allegation is of giving iron rod blow
to the informant’s husband.
6. Considering the submission of the parties as also
the materials that are on record coupled with the fact that the
petitioner has made false affidavit that he do not have any
criminal antecedent, this Court is not inclined to extend him the
privilege of bail.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Adnan/-
U T
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