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Patna High Court

Gulshan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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