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Patna High Court

Golu Kumar @ Hardik Pandiya @ PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.16601 of 2026(2) dt.19-03-2026
                                                        3/3




                                              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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