Dismissed¶19

Gopal Kumar v. The State of Bihar

Patna HC9 Jun 2025CR. MISC./10553/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.10553 of 2025, decided 09-06-2025 by Justice Partha Sarthy. Regular bail rejected for Gopal Kumar in Keoti PS Case No. 27/2024 (District Sheikhpura), sections 109 and 3(5) Bhartiya Nyaya Sanhita 2023 and section 27 Arms Act. FIR allegation: petitioner fired gun hitting Awdhesh Yadav in the back; grievous gunshot injury found. Custody since 21.11.2024. Counsel argued FIR-date discrepancy (22.7.2024 vs 23.7.2024); bail opposed by APP Yogendra Kumar Singh and informant's counsel Bipin Kumar and Sarita Kumari.

What did the court decide?

Having regard to the allegation against the petitioner in the FIR of having fired upon Awdhesh Yadav together with a corresponding gun shot injury of grievous nature found on the body of the injured, the Court was not inclined to enlarge the petitioner on bail.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10553 of 2025

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Arising Out of PS. Case No.-27 Year-2024 Thana- Keoti District- Sheikhpura

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

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Gopal Kumar Son of Ram Pravesh Yadav R/o - Chero, P.S - Sarmera, District - Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the State : Mr. Yogendra Kumar Singh. APP For the Informant : Mr. Bipin Kumar, Advocate Ms. Sarita Kumari, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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4 09-06-2025

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Heard learned counsel for the parties.

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The petitioner has preferred this application for

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grant of regular bail in connection with Keoti P.S. Case no.27 of 2024, registered under sections 109 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.

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As per the prosecution case, the petitioner is said to have fired from his gun hitting Awdhesh Yadav in his back.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. From the contents of the FIR it would transpire that the victim categorically states therein that information was given at the Police station on 23.7.2024, however from perusal of page no.1 of the FIR it would transpire that in fact the information was received in the Police Station on 22.7.2024 at 10:15 hours thus,

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Patna High Court CR. MISC. No.10553 of 2025(4) dt.09-06-2025 2/2

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the whole prosecution case fails. The petitioner is in custody since 21.11.2024.

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The application for bail is opposed by learned APP for the State as well as learned counsel for the informant. Learned counsel for the informant submits that as per the allegations in the FIR, the petitioner is said to have fired upon Awdhesh Yadav and a corresponding gun shot injury was found on his body.

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Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR of having fired upon Awdhesh Yadav together with a corresponding gun shot injury of grievous nature having been found on the body of the injured, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

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(Partha Sarthy, J)

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ajay/shiv/-

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U T

Gopal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gopal Kumar v. The State of Bihar

Case brief

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