Allowed¶24

Gopal Singh v. The State of Bihar

Patna HC7 Aug 2025CR. APP (SJ)/1005/2025

Case brief

AI extract

What is this about?

Patna HC bail appeal allowed 07-08-2025; Rudra Prakash Mishra J.; CR APP (SJ) 1005/2025; Mansahi PS Case 124/2024 Katihar; BNS 2023 ss. 103, 109, 115(2), 118(1), 118(2), 126(2), 191(2), 191(3), 324(4), 351(2), 351(3), 352; Arms Act s. 27; SC/ST Act ss. 3(1)(r)(s), 3(2)(va); allegations general and omnibus; no direct allegation against appellants; specific allegations against co-accused Govind Singh and Gautam whose bail refused 10-07-2025; custody since 02-12-2024; bail bonds Rs.15,000 each, two sureties; order dated 29-01-2025 set aside.

What did the court decide?

Release of the appellants on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each; the order dated 29-01-2025 rejecting bail set aside. ¶24

Gopal Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the appellants on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each; the order dated 29-01-2025 rejecting bail set aside.

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Issue for consideration

Whether the appellants are entitled to bail in respect of the charges under the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the SC/ST Act in Mansahi PS Case No. 124 of 2024, notwithstanding the rejection of their bail prayer by the Special Court on 29-01-2025. +2 more

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Court's answer

There being no direct allegation against the appellants, and considering the period of custody undergone, the appeal against the bail-rejection order is allowed.

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Ratio / Principle

The order dated 29-01-2025 passed by the Additional Sessions Judge-I-cum-Special Judge, SC/ST, Children Court, Katihar rejecting the appellants' bail is set aside.

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Key takeaways

The appellants are directed to be released on bail on furnishing bail bonds of Rs.15,000/- each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Mansahi PS Case No. 124 of 2024.ratio¶25

Detailed headnote1 paragraphs

Patna High Court, Criminal Appeal (SJ) No. 1005 of 2025, decided 07-08-2025 (Rudra Prakash Mishra, J.) - Bail appeal allowed. Gopal Singh and Sanjit Kumar Singh appealed against the order dated 29-01-2025 of the Additional Sessions Judge-I-cum-Special Judge, SC/ST, Children Court, Katihar rejecting their prayer for bail in Mansahi PS Case No. 124 of 2024 (Katihar), registered under Sections 126(2), 115(2), 324(4), 109, 118(1), 118(2), 103, 191(2), 191(3), 352, 351(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act and Sections 3(1)(r)(s) & 3(2)(va) of the SC/ST Act. Prosecution alleged an armed attack on the informant's party while ploughing bataidari land, in which Baijnath Uraon was shot dead and Jabna Uraon injured by co-accused Govind Singh and Gautam Singh, with 20-25 armed criminals firing 60-70 rounds and tractors set ablaze. Counsel urged the allegations against the appellants were general and omnibus, at best mob membership, with no caste name taken in public view; the appellants were in custody since 02-12-2024 without criminal antecedent. The State and the informant opposed, noting co-accused with specific allegations had already been refused bail on 10-07-2025 (Cr. Appeal (SJ) Nos. 1438 & 1591 of 2025). Holding: there being no direct allegation against the appellants and considering the custody undergone, the appeal was allowed, the order of 29-01-2025 set aside, and the appellants ordered released on bail on bonds of Rs. 15,000/- each with two sureties of the like amount.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1005 of 2025

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Arising Out of PS. Case No.-124 Year-2024 Thana- MANSAHI District- Katihar

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======================================================

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Gopal Singh S/o Prayag Singh R/o Pinda, PS- Mansahi, Distt- Katihar

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Sanjit Kumar Singh @ Sanjit Kumar S/o Gopal Singh R/o Pinda, PSMansahi, Distt- Katihar

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... ... Appellant/s

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Versus

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The State of Bihar

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Mahendra Kumar Uraon S/o Late Chaudhary Uraon R/o Pinda, PSMansahi, Distt- Katihar

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... ... Respondent/s

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======================================================

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Appearance : For the Appellant/s : Mr. Sanjeev Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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4 07-08-2025

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Heard learned counsel for the appellants, learned Special

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Public Prosecutor for the State and learned counsel for the informant.

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The instant appeal has been filed by the appellants against the order dated 29-01-2025 passed by learned Additional Sessions Judge-I-cum-Special Judge, SC/ST, Children Court, Katihar whereby the prayer for bail of the appellants in connection with Mansahi PS Case No. 124 of 2024 under Sections 126(2), 115(2), 324(4), 109, 118(1), 118(2), 103, 191(2), 191(3), 352, 351(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act and Sections 3(1)(r)

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Patna High Court CR. APP (SJ) No.1005 of 2025(4) dt.07-08-2025 2/3

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(s) & 3(2)(va) of SC/ST Act was rejected.

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Prosecution case, in short, is that the informant was attacked while ploughing bataidari land when Govind Singh abused and shot Baijnath Uraon, causing his death, while Gautam Singh fired with both hands, injuring Jabna Uraon. They also called 20-25 armed criminals who fired 60-70 rounds, forcing the informant and others to flee. Govind and Gautam further set fire to tractors after the attack.

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Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. There is no specific allegation against the appellants, rather the same is against co-accused, namley, Govind Singh and Gautam. The allegation against the appellants is general and omnibus in nature. At best, appellants were the member of the mob. Learned counsel for the appellants further submits that the appellants have not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against them. The appellants have no intention to disgrace the image of the informant in public view. The appellants are in custody since 02-12-2024 and has no criminal antecedent.

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Patna High Court CR. APP (SJ) No.1005 of 2025(4) dt.07-08-2025 3/3

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Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellants. Bail of co-accused having specific allegation have been rejected by this Court vide order dated 10-07-2025, passed in Cr. Appeal (SJ) No. 1438 of 2025 & Cr. Appeal (SJ) No. 1591 of 2025.

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Considering the aforesaid facts and circumstances of the case, there being no direct allegation against the appellants and the period of custody undergone by the petitioner, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 29-01-2025 passed by Additional Sessions Judge-I-cum-Special Judge, SC/ST, Children Court, Katihar is hereby set aside.

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Let the appellants be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mansahi PS Case No. 124 of 2024.

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(Rudra Prakash Mishra, J)

Gopal Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gopal Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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