Patna High Court
Golu Kumar @ Hardik Pandiya @ PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted subject to the stipulated conditions.
Summary
The petitioner, Golu Kumar, was charged under Sections 334(1), 303(2) and later 317(5) of the Bharatiya Nyaya Sanhita, 2023 for alleged theft and has been in custody since 29 June 2025. The prosecution alleged theft but no incriminating material was recovered from the petitioner, who has only one prior criminal case (Mehandiganj P.S. Case No. 65 of 2022). The petitioner pleaded innocence and sought regular bail, while the State opposed the relief. The High Court, after considering the lack of recovered evidence and the petitioner’s limited antecedent, allowed the bail application. The court ordered release on a bail bond of Rs.10,000 with two sureties, imposing conditions of monthly police attendance, cooperation in trial, verification of antecedents, and that bailors be close blood relatives.
Issues considered
- Whether regular bail should be granted to an accused charged under Sections 334(1), 303(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 despite the nature of the offences.
- Whether the absence of recovered material and a single prior criminal antecedent justify the grant of bail.
- Whether the conditions imposed by the court are lawful and appropriate for the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(5), 334(1)
Subjects
- regular bail
- criminal procedure
- theft
- Bharatiya Nyaya Sanhita
- bail conditions
- antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16601 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
Golu Kumar @ Hardik Pandiya @ Pandey Son of Late Rajendra Malik
Resident of village- Mangal Talab, Domkhana, Ramdeo Mahto Bhawan
Committee Hall, Ps- Chowk, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Chowk P.S. Case No. 258 of 2025 registered for the offence
under Section(s) 334(1) and 303(2) of the Bharatiya Nyaya
Sanhita, 2023 and later on Section 317(5) of the Bharatiya
Nyaya Sanhita, 2023 was added.
3. As per the prosecution case, the petitioner is
accused of committing theft.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 29.06.2025. Nothing has been
recovered from the possession of the petitioner. The petitioner
Patna High Court CR. MISC. No.16601 of 2026(2) dt.19-03-2026
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has one criminal antecedent i.e., Mehandiganj P.S. Case No. 65
of 2022.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the fact that nothing has been recovered from the petitioner,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Chowk P.S. Case
No. 258 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Chowk Police Station,
Patna on every Sunday of each month. Any
default in appearance at the Police Station
would result in cancellation of bail bond of
the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii) Before accepting the bail
bonds of the petitioner, the court below shall
verify the petitioner’s antecedents. If the
petitioner is found to have any criminal
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antecedents other than Mehandiganj P.S.
Case No. 65 of 2022, his bail bonds shall not
be accepted. However, if the petitioner is
found to have only one criminal antecedent,
i.e., Mehandiganj P.S. Case No. 65 of 2022,
then his bail bonds shall be accepted by the
court below.
(iv). Both the bailors will be a
close blood relative of the petitioner.
8. However, it is made clear that the acceptance of
bail bonds in terms of the above-mentioned condition shall not
be delayed for the purpose of, or in the name of, verification.
(Sandeep Kumar, J)
Shishir/-
U T
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