Patna High Court
Golu Raj @ VishalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to stipulated conditions.
Summary
The petitioner, Golu Raj, was arrested in connection with a theft alleged under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023, involving a gold chain and Rs. 25,000 stolen from an informant's house. The prosecution presented a self‑inculpatory statement by Ashish Kumar linking the petitioner to the sale of the stolen gold chain and the receipt of the proceeds in his bank account. The petitioner contended innocence, cited a single prior criminal antecedent (Case No. 102 of 2025), and argued that he had no other theft cases. The State opposed bail, but the court considered the custody period, the evidence, and the petitioner’s antecedents. The court allowed the regular bail application, imposing a bail bond of Rs. 10,000 with two sureties and specific conditions of appearance and cooperation. The order clarified that its observations were prima facie and not to influence the trial's merits.
Issues considered
- Whether regular bail should be granted to the accused in a theft case under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023, considering the evidence and prior criminal antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- bail
- theft
- criminal procedure
- Bharatiya Nyaya Sanhita
- regular bail
- prior antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2238 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- Chitragupta Nagar District- Patna
======================================================
Golu Raj @ Vishal S/o Rajeev Sinha @ Rajeev Ranjan Sinha Resident of
Village- Mahatama Gandhi Nagar, Rose Garden Apartment, Ward No. 46,
P.S.- Agamkuan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Rai
For the Opposite Party/s : Ms. Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 14-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Chitragupta Nagar P.S. Case No. 189 of 2025 registered for the
offence under Section(s) 305 & 331(4) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, theft was committed in
the house of the informant and gold chain and Rs. 25,000/- kept
in the bag was missing.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner is in custody since 05.10.2025 and has one criminal
antecedent bearing Chitragupta Nagar P.S. Case No. 102 of
Patna High Court CR. MISC. No.2238 of 2026(5) dt.14-05-2026
2/3
2025. It is further submitted that the petitioner is not involved in
any other case of theft.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. One Ashish Kumar
has given his self-inculpatory statement pointing out the
involvement of the petitioner. The stolen gold chain was sold
by the petitioner to one jeweller who had transferred the amount
in the bank account of the petitioner.
7. Considering the aforesaid facts and circumstances,
the period of custody and the facts and circumstances of the
case, this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Chitragupta Nagar
P.S. Case No. 189 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Agamkuan Police Station
on every Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
Patna High Court CR. MISC. No.2238 of 2026(5) dt.14-05-2026
3/3
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii) Before accepting the bail
bonds of the petitioner, the court below shall
verify the petitioner’s criminal antecedents.
If it is found that the petitioner has any
criminal antecedents other than Chitragupta
Nagar P.S. Case No. 102 of 2025, the bail
bonds shall not be accepted. However, if the
petitioner is found to have only one criminal
antecedent, namely Chitragupta Nagar P.S.
Case No. 102 of 2025, the bail bonds shall
be accepted by the court below.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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