Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Golu Kumar, the petitioner, was named in a FIR (Madhuban PS Case No. 465 of 2025) for alleged offences under several sections of the Bharatiya Nyaya Sanhita, including assault with a knife and robbery. The informant claimed the petitioner struck him with a knife and stole his ornaments, while the petitioner contended there was a case‑counter‑case and that his own injury was simple. The learned Sessions Judge observed that the injury to the informant was simple and that the petitioner had no prior criminal record. Relying on these findings, the High Court considered the petition for anticipatory bail under Section 438(2) of the Criminal Procedure Code. The Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with a series of conditions, including regular appearances before the police and trial court and refraining from tampering with evidence.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Cr.P.C. in view of the nature of the alleged offences and the simplicity of the injury.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bharatiya Nyaya Sanhita
- simple injury
- bail conditions
- East Champaran
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17355 of 2026
Arising Out of PS. Case No.-465 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
Golu Kumar S/o Ramviresh Singh Resident of village - Dulma, P.S -
Madhuban, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Ray, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard Mr. Hemant Ray, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending arrest in connection
with Madhuban P.S. Case No. 465 of 2025, registered for the
offences under sections 126(2), 115(2), 118(1), 109, 303(2),
352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita,
lodged on 09.12.2025 by the informant, Abhisekh Kumar.
3. As per the prosecution story, the informant alleged
that while he was returning to his home from the Finance
Company, the accused gave knife blow on the head causing
injury. He also snatched amount/ornament from his neck. This
led to the FIR.
4. Learned counsel for the petitioner submits that
there is case and counter case, the petitioner has also suffered
injury, the injury inflicted by him to the informant has been
recorded as simple in nature as would manifest from the
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observation made by the learned Sessions Judge.
5. Learned APP opposes the prayer submitting that he
gave knife blow.
6. Considering the aforesaid submissions of the
parties and the observation of the learned Sessions Judge where
the injury has been found to be simple in nature, the petitioner
has no criminal antecedent, in that background, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Madhuban P.S. Case
No. 465 of 2025 to the satisfaction of learned Additional Chief
Judicial Magistrate-6th, Motihari, East Champaran subject to
the conditions as laid down under Section 438(2) of the Cr.P.C.
as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
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station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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