Patna High Court
GOLU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, directing the petitioner’s release on bail.
Summary
Golu Kumar was arrested in connection with Harsidhi Police Station Case No. 279 of 2025, alleged to have concealed the dead body of his brother who had committed suicide, invoking Sections 108, 238(b) and 3(5) of the B.N.S. He applied for bail, arguing that the charge under Section 238(b) is a bailable offence. The State opposed the bail application. The Court examined the nature of the offence and the surrounding facts, concluding that the offence is indeed bailable. Accordingly, the Court allowed the bail application, directing the petitioner’s release upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount. The order required the petitioner to surrender before the lower court within four weeks of the order.
Issues considered
- Whether the offence under Section 238(b) of the B.N.S. is bailable
- Whether bail should be granted to the petitioner in view of the facts and circumstances of the case
Legislation cited
- B.N.S. — s. 108, 238(b), 3(5)
Subjects
- bail
- bailable offence
- concealment of dead body
- suicide
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16672 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
GOLU KUMAR S/O ABHIMANYU SINGH R/O VILLAGE-YADOPUR
POLICE STATION-HARSIDHI DISTRICT-EAST CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Harsidhi P.S. Case No. 279 of 2025 registered for the
offence under Sections 108, 238(b), 3(5) of the B.N.S.
3. As per the prosecution case, the petitioner is the
brother of the deceased and the allegation against the petitioner
is that he has concealed the dead body of the deceased, who had
committed suicide.
4. Learned counsel for the petitioners submits that
from the materials available on record, the offence under
Section 238(b) of the B.N.S. is made out against the petitioner,
which is bailable.
5. Learned A.P.P. appearing for the State has
Patna High Court CR. MISC. No.16672 of 2026(2) dt.24-04-2026
2/2
vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, this application is allowed.
7. Accordingly, let the petitioner, above named in the
event of his arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned concerned Court below in connection with Harsidhi P.S.
Case No. 279 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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