Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner with a bond and surety conditions.
Summary
Golu Kumar, a 20‑year‑old resident of Shankarpur, was implicated in a case (Muffasil P.S. No. 18 of 2025) for allegedly assaulting an informant with an iron rod, causing injury to the informant’s hand. The petitioner contended that the allegations were false, stemming from a personal grudge between neighbours, and that he had no prior criminal record. The prosecution sought to deny anticipatory bail, citing multiple offences under the B.N.S. including sections 126(2), 115(2), 117(2), 109, 76, 352, 351(2) and 3(5). The court examined whether the injury to a non‑vital part of the body attracted Section 109 and considered the applicant’s age, lack of antecedents, and the nature of the injury. Finding the injury minor and the allegations insufficient to justify denial of bail, the court granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. in view of the alleged assault.
- Whether the injury to the informant’s hand attracts Section 109 of the B.N.S.
- Whether the petitioner’s personal grudge and lack of criminal antecedent warrant denial of bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352, 76
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- injury to non‑vital part
- Section 109
- personal grudge
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26415 of 2026
Arising Out of PS. Case No.-18 Year-2025 Thana- MUNGER MUFFASIL District- Munger
======================================================
Golu Kumar son of Laddu Yadav Resident of village- Shankarpur, Ps-
Muffasil, Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate
Mr. Rabi Bhushan, Advocate
For the State : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Muffasil P.S. Case No. 18 of 2025 in a case
registered for the offence punishable under Sections 126(2),
115(2), 117(2), 109, 76, 352, 351(2) and 3(5) of the BNS.
3. As per the prosecution case, the petitioner along
with other co-accused persons allegedly assaulted the informant
with an iron rod after being questioned for harassing his
daughter. The confrontation resulted in physical injury to the
informant’s hand as he attempted to intervene and protect the
victim.
4. Learned counsel for the petitioner submits that the
allegation made on the petitioner along with one Amod Kumar
of teasing the daughter of the informant and assaulting the
Patna High Court CR. MISC. No.26415 of 2026(2) dt.01-05-2026
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informant with an iron rod on his head which hit his hand, is
totally false and concocted. It is submitted that both the parties
are next door neighbors and on account of some personal
grudge, the petitioner has been made accused. The bail rejection
order also indicates that the doctor has opined that the injury
was simple in nature caused by hard and blunt substance, while
some injury was also grievous in nature however, it would be
evident from the first information report itself that the injury is
on the non-vital part of the body i.e. in the finger of the hand. It
has also been submitted that in the facts of the case, Section 109
of the BNS, would not get attracted. The petitioner has no
criminal antecedent.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is general
allegation on the petitioner and one other co-accused person of
assaulting which has given rise to one injury to the informant on
his hand, which is a non-vital part of the body, let the above
named petitioner who is a young boy of 20 years of age having
no criminal antecedent, in the event of his arrest or surrender
before the learned Court below within a period of four weeks
Patna High Court CR. MISC. No.26415 of 2026(2) dt.01-05-2026
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from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees 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 Muffasil
P.S. Case No. 18 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
priyanka/-
U T
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