Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that, given the absence of specific allegations against the petitioners and the precedent of bail to co‑accused, anticipatory bail should be granted subject to prescribed conditions.
Summary
The petitioners, six individuals from Shamabad village, sought anticipatory bail fearing arrest in a case (Rahui P.S. Case No. 607 of 2025) involving multiple serious offences under the B.N.S. 2023 and the Arms Act. The prosecution alleged that a group of about twenty armed persons attacked an informant’s house, fired weapons, assaulted family members, looted valuables and cash, and that the petitioners were implicated. The petitioners contended they were falsely implicated, highlighted a case‑and‑counter‑case scenario, and pointed out that co‑accused had already been granted anticipatory bail in similar matters. The State opposed the bail. The court, noting the lack of specific allegations against the petitioners, the existence of a case‑and‑counter‑case, and the precedent of bail to co‑accused, granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the nature of allegations and the existence of a case and counter‑case
- Whether the grant of bail to co‑accused in similar circumstances warrants the same relief to the petitioners
Legislation cited
Subjects
- anticipatory bail
- Section 482
- case and counter case
- co‑accused
- bail conditions
- Arms Act
- criminal offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25316 of 2026
Arising Out of PS. Case No.-607 Year-2025 Thana- RAHUI District- Nalanda
======================================================
1. Golu Kumar S/O Pradip Mahto R/O Village- Shamabad, P.S- Bhagan Bigha,
(Rahui), Distt.- Nalanda.
2. Rahul Kumar S/O Pramod Mahto R/O Village- Shamabad, P.S- Bhagan
Bigha, (Rahui), Distt.- Nalanda.
3. Arun Kumar @ Arun Prasad S/O Ramnandan Prasad @ Ramnandan Mahto
R/O Village- Shamabad, P.S- Bhagan Bigha, (Rahui), Distt.- Nalanda.
4. Vrishen Kumar @ Virswan Mahto S/O Ramanand Mahto @ Ramanand
Prasad R/O Village- Shamabad, P.S- Bhagan Bigha, (Rahui), Distt.-
Nalanda.
5. Dev Kumar @ Deva Kumar S/O Arun Prasad @ Arun Kumar R/O Village-
Shamabad, P.S- Bhagan Bigha, (Rahui), Distt.- Nalanda.
6. Sanjiv Kumar S/O Ramanand Prasad @ Ramanand Mahto R/O Village-
Shamabad, P.S- Bhagan Bigha, (Rahui), Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Adv.
For the Opposite Party/s : Ms.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Rahui P.S. Case No. 607 of 2025 dated
20.10.2025, registered for the offence punishable under Sections
190, 191(1), 191(2), 109(1), 126(2), 115(2), 117(2), 74, 303(2),
352, 324(2) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per prosecution case, on 19.10.2025, following a
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dispute, about 20 accused persons, armed with various weapons,
came to the informant’s house, abused her, and one of them
opened fire. They also assaulted her family members, causing
serious injuries, damaged property, and snatched a mobile
phone. It is further alleged that they entered the house and
looted ornaments and cash of Rs. 10,00,000 before fleeing.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. There is a case and counter case between the
parties. He submits that the co-accused Vicky Kumar and Ricky
Kumar, against whom there is an allegation of opening firing
and assaulting Sonu Kumar, have already been granted regular
bail by a Co-ordinate Bench of this Court vide order dated
21.01.2026 passed in Cr. Misc. No. 2487 of 2026. It is next
submitted that the similarly situated other co-accused persons
have also been granted privilege of anticipatory bail by a Co-
ordinate Bench of this Court vide order dated 07.04.2026 passed
in Cr. Misc. No. 19870 of 2026. It is further submitted that the
allegation against the petitioners are general and omnibus in
nature while the allegation of opening fire is upon the co-
accused Vicky Kumar. It is next submitted that the petitioner
nos. 4 & 6 have one criminal antecedent in which they are on
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bail whereas petitioner nos. 1, 2, 3 & 5 have no antecedent.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties, and
considering the fact that there is a case and counter-case
between the parties, there being no specific allegations of any
overt acts against the petitioners and, as also, the fact that
similarly situated co-accused persons have already been granted
privilege of anticipatory bail by a coordinate Bench of this
Court, 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
Chief Judicial Magistrate, Nalanda at Biharsharif in connection
with Rahui P.S. Case No. 607 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
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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,
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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