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Patna High Court

Gholu @ Keshri NandanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail, holding that the co-accused’s statement and the recovered weapon provide sufficient grounds to keep the petitioner in custody.

Summary

The petitioner, Gholu @ Keshri Nandan, was arrested in connection with the murder of a schoolboy allegedly abducted and shot by Raunak and Kanhaiya. The informant claims his son was taken to the Ganga bank, shot, and the body recovered. The petitioner is not named in the FIR; the prosecution’s case rests on a confessional statement of Kanhaiya that the petitioner supplied the firearm used, and on the recovery of the weapon from Kanhaiya’s house. The petitioner’s counsel argued that the informant is not an eyewitness, the FIR does not name the petitioner, and the confessional statement lacks evidentiary value. The State opposed bail, contending that the material links the petitioner to the offence. The court, after considering the submissions, refused to grant bail, holding that the existing material justified continued custody.

Issues considered

  • Whether bail should be granted to the petitioner in light of the alleged involvement in the murder.
  • Whether a co-accused’s confessional statement and indirect evidence are sufficient to deny bail.
  • Whether the petitioner’s alleged supply of the firearm makes him a necessary party to the offence.

Legislation cited

  • Arms Act — s. 25(1-B)A, 26, 27, 35
  • B.N.S. — s. 103(1), 238, 3(5), 61(2)(B)

Subjects

  • bail
  • criminal procedure
  • arms act
  • narcotic act
  • confessional statement
  • co-accused
  • evidentiary value
  • murder
  • firearm

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2361 of 2026
                     Arising Out of PS. Case No.-158 Year-2025 Thana- BARHIYA District- Lakhisarai
                 ======================================================
                 Gholu @ Keshri Nandan Son of Late Ram Sewak R/o Village - Chetan Tola,
                 Khutha, P.S - Barhiya, District - Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shivam .
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad
                                                  Mr.Samrendra Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  1. Heard learned counsel for the petitioner, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner seeks bail in Barhiya P. S. Case

                   No.158 of 2025 registered for the offences punishable under

                   Sections 103(1), 238, 61(2), (B), 3(5) of the B.N.S. and Sections

                   25(1-B)A, 26, 35, 27 of the Arms Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is in custody since 25.11.2025 and is a person with

                   clean antecedent and the informant alleges that his son a student

                   of Class-VIII, on 24.07.2025 had gone to school at 10.00 AM,

                   further Raunak and Kanhaiya forcibly took him to the bank of

                   river Ganga where Kanhaiya caught his son and Raunak shot
Patna High Court CR. MISC. No.2361 of 2026(2) dt.21-04-2026
                                            2/3




          him on his forehead, when his son did not return home, a search

          was made and thereafter the dead body was recovered.

                       4. The learned counsel for the petitioner submits that

          petitioner is not named in the FIR. It is also submitted that

          specific allegation of firing is against Raunak. It is next

          submitted that informant is not an eye witness to the occurrence

          nor has disclosed that on what basis he came to know that it

          were Raunak and Kanhaiya who took his son on bank of river

          Ganga and committed the occurrence of killing. It is further

          submitted that name of the petitioner in the case transpired

          based on the confessional statement of Kanhaiya in police

          custody, which does not have any evidentiary value.

                       5. Learned A.P.P. as well as the learned counsel

          appearing on behalf of the informant opposes the bail

          application. The learned counsel appearing on behalf of the

          informant submits that what is not in dispute rather stands

          admitted is that son of the informant was killed by firearm

          injury. It is next submitted that FIR is not an encyclopedia, but

          then, during the course of investigation material transpired

          connecting Kanhaiya and Raunak with the offence and the

          weapon was also recovered from the house of Kanhaiya and

          Kanhaiya disclosed that it was petitioner who had provided the
               Patna High Court CR. MISC. No.2361 of 2026(2) dt.21-04-2026
                                                           3/3




                         gun to Raunak based on which the occurrence was committed. It

                         is further submitted that a young boy aged about 14 years lost

                         his life for no fault of his and petitioner facilitated the

                         occurrence by providing gun to Raunak.

                                      6. Considering the submissions made by the learned

                         A.P.P. as well as the learned counsel appearing on behalf of the

                         informant, the Court is not inclined to release the petitioner on

                         bail.

                                      7. The prayer of the petitioner for regular bail stands

                         rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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