Patna High Court
Golu Kumar @ Aadarsh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs. 10,000 bond with two sureties and compliance with trial attendance requirements.
Summary
The petitioner, Golu Kumar, sought bail in a case registered under Sections 137(2) and 96 of the B.N.S., alleging that he was falsely implicated in the kidnapping of a minor girl. The prosecution claimed that the petitioner, along with others, abducted the child on his instigation, while the petitioner contended that he was in judicial custody at the time of the alleged offence and that the FIR only implicated him on suspicion. The petitioner also highlighted that the victim had been recovered and a compromise petition filed, but the mother’s non‑participation rendered it ineffective. The State opposed bail, citing six prior criminal cases against the petitioner. After hearing both sides, the Court found the circumstances sufficient to grant bail, subject to a bond of Rs. 10,000 and two sureties, and imposed the condition of the petitioner’s cooperation and presence at trial.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of involvement in kidnapping under Sections 137(2) and 96 of the B.N.S.
- Whether the petitioner’s alleged custody at the time of the offence and lack of substantive evidence warrant bail
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- B.N.S. — s. 137(2), 96
Subjects
- bail
- criminal procedure
- kidnapping
- custody
- compromise petition
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13557 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- AMNAUR District- Saran
======================================================
Golu Kumar @ Aadarsh Kumar, Son of Naresh Singh @ Ram Naresh Singh,
R/o Village - Bheldi, P.S. - Bheldi, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Amnour P.S. Case No. 179 of 2025 registered for the
offence punishable under Sections 137(2) and 96 of B.N.S.
3. The case of the prosecution, in short, is that the
minor daughter of the informant was missing from 27.04.2025.
The informant came to know that one Alok Kumar, his brother-
in-law Mithilesh Pandey @ Uma Pandey and his sister Anjali
Pandey have kidnapped the minor daughter of the informant.
She also came to know that her minor daughter has been
kidnapped on the instance of present petitioner who was in
custody at that time in connection with any other case.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.13557 of 2026(2) dt.12-03-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the F.I.R. itself it is clear that the
petitioner was in custody at that time. Only allegation against
the petitioner is that on his instance, the victim was kidnapped.
It has further been submitted that from perusal of the order of
the learned trial Court it will transpire that the victim was
recovered and a compromise petition was also filed by the
victim and the petitioner but as the mother of the victim was not
a party in that compromise, it was not considered. It has also
been submitted that the F.I.R. itself goes to show that the
petitioner was in custody at the time of the occurrence and his
name has surfaced only on the basis of suspicion. Petitioner is
languishing in judicial custody since 13.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of six cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.13557 of 2026(2) dt.12-03-2026
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of the like amount each to the satisfaction of the learned
Judicial Magistrate, First Class, Saran at Chapra in connection
with Amnour P.S. Case No. 179 of 2025 with the condition
that petitioner shall cooperate in trial and shall remain
physically present on each and every date in the learned
trial Court.
(Ashok Kumar Pandey, J)
lata/-
U T
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