Patna High Court
Golu Kumar @ GoluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond and conditions under BNSS, 2023.
Summary
Golu Kumar sought anticipatory bail after an FIR was lodged under IPC sections 457 (rioting) and 380 (theft) and Arms Act sections 25(1‑B)(a) and 26, alleging his involvement in a robbery where a pistol and cartridges were recovered. The prosecution’s case relied on the confessional statement of an apprehended thief, while no material was seized from Golu Kumar and the case diary contained no adverse entry against him. The petitioner’s counsel argued his innocence and pointed out that his only pending case relates to an excise matter for which he is on bail. The State opposed bail, highlighting the petitioner’s prior criminal antecedent. The High Court, after considering the facts, granted anticipatory bail for a period of four weeks, subject to a bond of Rs.30,000 and specific conditions under the Bihar Non‑Bailable Surrender Scheme, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Non‑Bailable Surrender Scheme, 2023 despite his criminal antecedent.
- Whether the confessional statement of the apprehended accused is sufficient to justify denial of bail.
- Whether the absence of seized material from the petitioner’s possession warrants bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
- Indian Penal Code — s. 380, 457
Subjects
- anticipatory bail
- criminal antecedent
- confessional statement
- IPC
- Arms Act
- BNSS 2023
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27008 of 2026
Arising Out of PS. Case No.-133 Year-2024 Thana- PARSA District- Saran
======================================================
Golu Kumar @ Golu Son of Rama Ray Resident of Village- Bankerwa, P.S.-
Parsa, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Parsa P.S. Case No. 133 of 2024, dated 17.04.2024, lodged
under Sections 457 & 380 of the Indian Penal Code and under
Sections 25(1-B)(a) and 26 of the Arms Act.
3. As per the prosecution, an FIR has been lodged
against one named and one unknown accused person, alleging
that at midnight, when the informant woke up on hearing the
noise of thieves and raised an alarm, the thieves ran away, but
one of them was apprehended. One country-made pistol, two
live cartridges, along with other articles, were recovered from
the apprehended person.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.27008 of 2026(2) dt.22-04-2026
2/3
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner’s name has figured in this
case by virtue of the confessional statement of the apprehended
accused person. Counsel further submits that nothing has been
recovered from the possession of the petitioner. Counsel further
submits that, though in the rejection order certain materials have
been mentioned, in the case diary there is nothing adverse
against the petitioner. Counsel further submits that the criminal
antecedent of the petitioner is not clean, as one criminal case is
pending against him, but that case relates to an excise matter in
which he is on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of A.C.J.M.-IX, Saran at Chapra in connection with
Parsa P.S. Case No. 133 of 2024, subject to the conditions as
Patna High Court CR. MISC. No.27008 of 2026(2) dt.22-04-2026
3/3
laid down U/s 482(2) of the BNSS, 2023 with other following
conditions:-
(i) one of the bailor should be the
family member of the petitioner who shall
provide official document to show his bona
fide;
(ii) the petitioner 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 his bail bonds by the Trial
Court itself;
(iii) the petitioner shall desist from
committing such type of criminal offence
again, failing which the State shall be at
liberty to take steps for cancellation of the
bail bonds.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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