Patna High Court
Golu Kumar @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Instruments Act — s. 310(2)
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
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