Patna High Court
Golu Kumar @ Golu @ Raushan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioners, subject to conditions, as there was no specific allegation of an overt act against them.
Summary
The petitioners, four residents of Rampur (Khoram), sought bail fearing arrest in a case (Gaura PS No.187 of 2025) alleging offences under Sections 126(2), 115(2), 118(1), 109, 303(2) and 352 of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that on 10 September 2025 the accused, armed with lathi, danda and farsa, assaulted an informant, causing head injury, and also assaulted his family members and stole a cow and a buffalo. The petitioners contended they were falsely implicated, arguing that the specific overt act was attributed to a co‑accused, Rajesh Singh, and that the allegations against them were vague and omnibus; they also submitted that they themselves had sustained injuries. The Court observed that there was a case‑and‑counter‑case, both sides had injuries, and no specific overt act was alleged against the petitioners, and therefore ordered their release on bail subject to conditions under Section 482(2) of the B.N.S.S. The bail bond was set at Rs 10,000 with two sureties and several compliance conditions.
Issues considered
- Whether the petitioners are entitled to bail despite the serious offences alleged against them.
- Whether the prosecution has made a specific allegation of an overt act against the petitioners sufficient to deny bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- assault
- theft of livestock
- overt act
- case and counter case
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23719 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- Gaura P.S. District- Saran
======================================================
1. Golu Kumar @ Golu @ Raushan Singh Son of Munna Singh R/o Village -
Rampur(Khoram), P.S. - Gaura, Distt. - Saran at Chapra.
2. Aditya Kumar Singh @ Aditya Singh Son of Rajesh Singh R/o Village -
Rampur(Khoram), P.S. - Gaura, Distt. - Saran at Chapra.
3. Arun Kumar Singh @ Arjun Singh @ Arjan Singh Son of Ramakant Singh
@ Alagu Singh R/o Village - Rampur(Khoram), P.S. - Gaura, Distt. - Saran
at Chapra.
4. Shambhu Singh @ Kapil Singh Son of Late Dipnarayan Singh R/o Village -
Rampur(Khoram), P.S. - Gaura, Distt. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Udai Shankar Singh, Adv.
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
For the Informant : Mr. Abhishek Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and learned APP
for the State as also counsel for the Informant, who has
appeared suo motu in this case.
2. The petitioners are apprehending their arrest in
connection with Gaura P.S. Case No. 187 of 2025 dated
11.09.2025 registered for the offence punishable under Sections
126(2), 115(2), 118(1), 109, 303(2), 352 of the Bhartiya Nyaya
Sanhita, 2023.
3. As per prosecution case, on 10.09.2025 at 7:30 P.M.,
the accused, armed with lathi, danda and farsa, assaulted the
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informant and injured him with a farsa blow on the head. His
family members who intervened were also assaulted and
sustained injuries. It is also alleged that the accused persons also
took away one cow and one buffalo.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. He next submits that the specific allegation of
overt act is against the co-accused Rajesh Singh, who is not a
petitioner before this Court, while the allegations against the
petitioners are general and omnibus in nature. It is further
submitted that the injury caused to the informant has been
attributed to the co-accused Rajesh Singh, which is grievous in
nature, while the other injuries are simple in nature. There is a
case and counter-case between the parties. It is next submitted
that, in the alleged occurrence, the petitioners have also
sustained injuries, and their injury reports are being appended
with this application as Annexure-4 series.
5. On the other hand, the learned APP for the State and
the Informant have opposed the prayer for bail of the
petitioners.
6. Having heard learned counsel for the parties and
considering the fact that there is case and counter case between
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the parties and both the parties have sustained injuries in the
alleged occurrence as also there being no specific allegation of
overt act against the petitioners rather the allegation of specific
overt act is against the co-accused Rajesh Singh, let the above
named petitioners, be released on bail, in the event of their
arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Chapra, Saran in connection with Gaura
P.S. Case No. 187 of 2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S. as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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 their
bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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