Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Golu Kumar, was charged under several sections of the Indian Penal Code for allegedly assaulting an informant with a lathi‑danda and an iron rod. The prosecution alleged that the petitioner participated in the assault, causing injury to the informant. The petitioner’s counsel argued that he was falsely implicated, that the injury was minor, and that he has no prior criminal record. The State opposed the grant of regular bail. After hearing both sides, the Patna High Court found no compelling reason to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the IPC.
- Whether the petitioner’s alleged involvement in the assault is sufficiently proven to deny bail.
- Whether the petitioner’s lack of prior criminal antecedent warrants bail.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 118(2), 191(2), 191(3), 351(2), 352
Subjects
- regular bail
- assault
- Indian Penal Code
- bail bond
- high court
- criminal antecedent
- lathi‑danda
- iron rod
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17124 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- YADOPUR District- Gopalganj
======================================================
Golu Kumar S/o Chotelal Sah R/o Village - Bikrampur, P.S - Yadavpur,
District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devashish Giri, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 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 191(2),
191(3), 115(2), 118(1), 118(2), 117(2), 109, 352 and 351(2) of
the BNS.
3. The case of the prosecution, in short, is that the
petitioner along with others assaulted the informant with lathi-
danda. It is further alleged that the petitioner has assaulted with
iron rod on the head of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Learned counsel for the
petitioner has submitted that allegation against the petitioner are
Patna High Court CR. MISC. No.17124 of 2026(2) dt.18-03-2026
2/2
two fold. First is that all the accused persons assaulted with
lathi-danda and second is that the petitioner has assaulted with
iron rod on the head of the informant. Learned counsel for the
petitioner has submitted that from perusal of the injury report it
will transpire that the informant has received simple injury
caused by hard and blunt substance. There is also a counter
version of this case. Learned counsel for the petitioner has
submitted that the petitioner is having no criminal antecedent.
5. Learned APP appearing for the State has 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 both the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Yadavpur P.S. Case No. 232 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 Chief Judicial Magistrate,
Gopalganj/Successor court.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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