Created by Fuzzy Cloud

Patna High Court

Golu Kumar @ Abhishek KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as the seriousness of the charge, the incriminating statement, and the pending trial evidence did not satisfy the criteria for release.

Summary

The petitioner, Golu Kumar, sought regular bail in a case registered under Section 310(2) of the Bihar Negotiable Instruments Act for allegedly participating in a robbery of Rs. 7,98,000. The prosecution alleged that five unknown persons, including the petitioner, looted the amount while concealing their faces, and the petitioner was named in a self‑inculpatory statement of a co‑accused. The petitioner had been in custody since December 2024 and claimed a clean antecedent. The court noted that a co‑accused, Vivek Kumar, had already been denied bail and that only three of eight witnesses had been examined, indicating the investigation was ongoing. Considering the seriousness of the offence, the presence of incriminating statements, and the lack of sufficient evidentiary progress, the court found no ground to revisit its earlier order. Consequently, the bail application was dismissed, and the petitioner remained in custody.

Issues considered

  • Whether bail should be granted to an accused under Section 310(2) of the Bihar Negotiable Instruments Act given the nature of the alleged offence
  • Whether the presence of a self‑inculpatory statement by a co‑accused and the denial of bail to another co‑accused justify refusal of bail
  • Whether the stage of trial (partial witness examination) warrants a review of the earlier bail denial

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 310
  • self‑inculpatory statement
  • co‑accused
  • witness examination
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20028 of 2026
                  Arising Out of PS. Case No.-378 Year-2024 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Golu Kumar @ Abhishek Kumar Son of Sunil Pandey @ Sunil Kumar
                 Pandey Resident of Village- Nara Parsauni, P.S.- Bhairoganj, District- West
                 Champaran

                                                                                    ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Eashita Raj, Advocate
                 For the Opposite Party/s :         Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Harsiddhi P.S. Case No. 378 of 2024

                   registered for the offence under Section 310(2) of the BNS.

                                3. Earlier the bail application of the petitioner was

                   rejected on 12.05.2025 in Cr. Misc. No. 20796 of 2025 which

                   reads as follows:-

                                                           Heard learned counsel for the petitioner
                                              and learned APP for the State.
                                                           2. The petitioner seeks bail in connection
                                              with Harsiddhi P.S. Case No. 378 of 2024 registered for
                                              the offence under Section 310(2) of the BNS.
                                                           3. As per the prosecution case, 5 unknown
                                              criminals are said to have looted 7,98,000/- from
                                              Spandana Sfurti Finance Limited covering their faces
                                              with helmet, mask and towel.
                                                           4. The petitioner has been named in the self
                                              inculpatory statement of co-accused.
            Patna High Court CR. MISC. No.20028 of 2026(2) dt.30-04-2026
                                                        2/2




                                                            5. The petitioner is in custody since
                                              19.12.2024 and he claims to have clean antecedent.
                                                            6. Considering the nature of allegation
                                              levelled against the petitioner and also considering the
                                              fact that the bail application of one co-accused namely
                                              Vivek Kumar has already been rejected by this Court, this
                                              Court is also not inclined to grant bail to the petitioner.
                                                            7. Accordingly, this application is dismissed.



                                   4. In the trial, out of eight witnesses, three witnesses

                      have already been examined. This Court finds no ground to

                      review its earlier order. Accordingly, this application for regular

                      bail stands rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.