Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Gulshan Kumar, sought regular bail in a criminal case (PS Case No. 116 of 2025) where he was accused of assaulting Golu Kumar with an iron rod and danda, causing serious head injury. The prosecution alleged offences under sections 126(2), 115(2), 109(1), 303(2), 308(3) and 3(5) of the Indian Penal Code. The petitioner claimed innocence, argued that the FIR was vague, highlighted a familial relationship with the informant, and pointed to a similar bail order granted to a co‑accused in Cr. Misc. No. 5842 of 2026. The State opposed the bail. After hearing both sides, the court found the circumstances sufficient to grant bail and ordered the petitioner released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under sections 126(2), 115(2), 109(1), 303(2), 308(3) and 3(5) of the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 109, 115, 126, 3, 303, 308
Subjects
- regular bail
- Indian Penal Code
- assault
- grievous hurt
- attempt to murder
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16055 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- MANJHAUL District- Begusarai
======================================================
Gulshan Kumar Son of Madan Paswan Resident of village - Siuri Ward No.-
6, P.S.- Manjhaul, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Randhir Kumar No 1
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
115(2), 109(1), 303(2), 308(3) and 3(5) of B.N.S.
3. The case of the prosecution is that the petitioner
along with others has assaulted Golu Kumar with iron rod and
danda on his head due to which, he received serious head injury
and fell down on earth.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the nature of allegation is general and
omnibus. It has also been submitted that the informant and
Patna High Court CR. MISC. No.16055 of 2026(2) dt.11-03-2026
2/2
petitioner are agnates. There is also a counter version of this
case. Though from the injury report, it is clear that the injured
has received one lacerated wound on forehead which is opined
to be grievous. Moreover, the petitioner is languishing in
judicial custody since 29.10.2025. Learned counsel has further
submitted that similarly situated other co-accused person has
already been granted bail by this Court vide Cr. Misc. No. 5842
of 2026. The case of this petitioner stands on similar footing.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Manjhaul P.S. Case No. 116 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M., Manjhaul,
Begusarai.
(Ashok Kumar Pandey, J)
shubham/-
U T
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