Patna High Court
Goodu Kumar @ Bhim Kumar Mahto @ Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the petitioner’s alleged involvement was based on a co‑accused’s confession, no incriminating material was recovered, and parity with similarly situated co‑accused who had been released.
Summary
The petitioner, Goodu Kumar, was charged under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a, 26 and 35 of the Arms Act for alleged dacoity and looting a bullet‑motorcycle. He has been in custody since 14 May 2025 and has six prior criminal antecedents. The petitioner contended that he was falsely implicated, not named in the FIR, and that his alleged involvement was derived solely from a co‑accused’s confessional statement, with no incriminating article recovered from him. A similarly situated co‑accused had earlier been granted bail by a coordinate bench of the same court. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedents. Considering the lack of direct evidence, the parity argument, and the circumstances of his custody, the Court granted bail on the condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the dacoity and arms offences.
- Whether the petitioner’s alleged involvement, based solely on a co‑accused’s confession, warrants continued detention.
- Whether the petitioner’s prior criminal antecedents preclude bail.
- Whether parity with a co‑accused previously released on bail mandates similar relief.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 310(2), 317(3)
Subjects
- bail
- dacoity
- Arms Act
- false implication
- parity
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13912 of 2026
Arising Out of PS. Case No.-442 Year-2024 Thana- HISUWA District- Nawada
======================================================
Goodu Kumar @ Bhim Kumar Mahto @ Sanjeev Kumar S/O Naresh Mahto
@ Naresh Prasad R/O Village- Dargahi Tola, P.S.- Pandarak, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Hisua
P.S. Case No. 442 of 2024 instituted for the offence under
Sections 310(2), 317(3) of the Bharatiya Nyaya Sanhita (BNS)
and Sections 25(1-b)a, 26 & 35 of the Arms Act.
3. The allegation against the petitioner is of
committing dacoity along with other co-accused persons and
while committing so, looted bullet motorcycle of the informant.
4. It has been submitted on behalf of the petitioner
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that the petitioner is in custody since 14.05.2025. Petitioner
bears six criminal antecedents, as per disclosure made in
paragraph No. 3 of the supplementary affidavit to the present
bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired during course of investigation on the basis of
confessional statement of co-accused, namely, Goldi Singh. It is
submitted that recovery of motorcycle is made from co-accused,
Mehar Singh. No incriminating article has been recovered from
the possession of the petitioner. Similarly situated co-accused
person has been granted bail by a Co-ordinate Bench of this
Court vide order dated 16-04-2025, passed in Cr. Misc. No.
81099 of 2024.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen
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Thousand) with two sureties of the like amount each to the
satisfaction of Court below/concerned Court in connection
with Hisua P.S. Case No. 442 of 2024.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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