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Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that the appellant is entitled to regular bail due to the absence of direct evidence and the lack of a caste‑based allegation.

Summary

The appellant Golu Kumar was charged under the Bharatiya Nyaya Sanhita, the Arms Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for an alleged assault on workers at a brick kiln. The prosecution’s case was based on a FIR that did not name the appellant; his alleged involvement emerged only from a co‑accused’s confessional statement, and no eyewitnesses identified him. The appellant argued that there was no direct evidence linking him to the offence nor any caste‑based motive. The Special Judge had denied regular bail, prompting an appeal to the Patna High Court. The High Court, noting the lack of direct incriminating evidence and the prolonged pre‑trial custody, set aside the lower court’s order and granted bail on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the appellant, not named in the FIR, can be denied bail solely on the basis of a co‑accused’s confessional statement.
  • Whether the allegations under the SC/ST (Prevention of Atrocities) Act require proof of caste‑based motive for bail considerations.
  • Whether the nature of the offences under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST Act justify denial of regular bail.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • Arms Act
  • criminal procedure
  • confessional statement
  • caste atrocity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3124 of 2025
                    Arising Out of PS. Case No.-5 Year-2025 Thana- NOWKOTHI GARHPURA District-
                                                         Begusarai
                 ======================================================
                 Golu Kumar S/o Shambhu Singh @ Shambhu Kumar R/o Village- Bhairwar,
                 P.S.- Lakho, District- Begusarai

                                                                               ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.    Umesh Singh S/o Late Ramsagar Singh R/o Village- Bikrampur, P.S.-
                 Cheriya Bariyarpur, District- Begusarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Pushpendra Kumar Singh, Advocate
                                                Mrs. Divya Bharti, Advocate
                 For the State          :       Mrs. Usha Kumari 1, Spl. P.P.
                 For Respondent No. 2   :       Mr. Subhesh Pandey, Advocate
                                                Mr. Amit Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   22-01-2026                     Heard learned counsel for the appellant, respondent

                   no. 2 and the State.

                                2. This appeal has been filed against the order dated

                   10.07.2025 passed by learned Exclusive Special Judge,

                   SC/ST(POA) Act, Begusarai in connection with Nawkothi P.S.

                   Case No. 05 of 2025 registered under Sections 103, 61(2), 190,

                   191(3) of Bharatiya Nyaya Sanhita, Section 27 of the Arms Act

                   and Sections 3(1)(r)(s), 3(2)(va) and 3(2)(v) of Scheduled

                   Castes and Scheduled Tribes (Prevention of Atrocities) Act,

                   whereby the prayer for regular bail of appellant has been

                   rejected.
Patna High Court CR. APP (SJ) No.3124 of 2025(4) dt.22-01-2026
                                             2/3




                       3. According to the prosecution case, the informant is

          the proprietor of A-one Brick Kiln located at Pahsara and on

          07.01.2025 at about 11-12 P.M., 7-8 unknown miscreants armed

          with weapons came to his brick kiln and brutally assaulted the

          workers.

                       4. Learned counsel for the appellant submits that

          appellant is not named in the F.I.R. and his name transpired

          during course of investigation on the basis of confessional

          statement of co-accused. During course of investigation, none of

          the labourers working at brick kiln have claimed to have seen

          this appellant committing the alleged offence. There is no

          allegation of abuse by caste name against the appellant. Charges

          have already been framed and appellant is in custody since

          30.01.2025.

                       5. Learned Spl. Public Prosecutor for the State as well

          as learned counsel for the respondent no. 2 vehemently opposed

          the bail application.

                       6. Considering the nature of accusation and period of

          custody, this Court sets aside the impugned order and directs the

          release of above named appellant 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 Exclusive Special
              Patna High Court CR. APP (SJ) No.3124 of 2025(4) dt.22-01-2026
                                                           3/3




                        Judge, SC/ST(POA) Act, Begusarai in connection with

                        Nawkothi P.S. Case No. 05 of 2025.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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