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Patna High Court

Golu Kumar Son @ Golu Kumar @ Raj AryaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to pre‑arrest bail as the allegations against him are not substantiated and he has a clean antecedent.

Summary

The petitioner, Golu Kumar, sought pre‑arrest bail in a case registered under Sections 109, 309(6), 3(5) of the BNS and Section 27 of the Arms Act, where the FIR alleged that three unknown persons fired at a victim and stole a laptop, with the petitioner’s motorcycle purportedly used. The petitioner claimed innocence, arguing that he was not named in the FIR and was implicated only through a co‑accused’s confessional statement lacking vehicle registration details, and he has a clean antecedent. The State opposed the bail. The court examined the FIR, the confessional statement, and noted the lack of corroborative evidence linking the petitioner’s motorcycle, and considered his clean record. Concluding that the prosecution’s case was not prima facie, the court granted pre‑arrest bail subject to conditions under Section 482(2) of the BNSS. The district court was directed to verify any other criminal antecedents, which could nullify the bail order.

Issues considered

  • Whether pre‑arrest bail can be granted when the accusation against the petitioner is based solely on a co‑accused’s confessional statement without corroborative evidence.
  • Whether the absence of the motorcycle’s registration number defeats the prima facie case against the petitioner.
  • Whether the petitioner’s clean antecedent warrants bail under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • pre‑arrest bail
  • confessional statement
  • clean antecedent
  • motorcycle identification
  • Arms Act
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2805 of 2026
                 Arising Out of PS. Case No.-380 Year-2024 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Golu Kumar Son @ Golu Kumar @ Raj Arya, aged about 20 years, S/O Ved
                 Prakash Mahto @ Pintu R/O Village- Bhatgama, Bhatgawan, P.S-
                 Dalsingsarai, Distt.- Samstipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Madhav Kumar, Advocate
                 For the Opposite Party/s :      Ms.Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   01-04-2026                         Heard Mr. Madhav Kumar, learned counsel

                   appearing on behalf of the petitioner and Ms. Renu Kumari,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Dalsingsarai P.S. Case No. 380/2024 registered for the

                   offence(s) punishable under Sections 109, 309(6) and 3(5) of the

                   BNS and Section 27 of the Arms Act.

                                 3. As per the allegation made in the FIR, three

                   unknown persons with an intention to kill fired upon the

                   brother-in-law of the informant, causing injury to him. The

                   accused persons also took the laptop of the brother-in-law of the

                   informant.

                                 4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.2805 of 2026(4) dt.01-04-2026
                                            2/3




          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case. Learned counsel further

          submitted that the petitioner is not named in the FIR and his

          name has surfaced only on the basis of the confessional

          statement of the co-accused, Manish Kumar. It is alleged therein

          that the petitioner’s motorcycle was used in the said incident,

          however, neither the registration number of the motorcycle has

          been mentioned nor has the Investigating Officer been able to

          disclose the same so as to connect the petitioner with the alleged

          offence. It is further submitted that a confessional statement

          made before the police has no evidentiary value. The petitioner

          has clean antecedent.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties and upon perusal of the allegations made in

          the FIR, as well as, the confessional statement of the co-

          accused, Manish Kumar, this Court finds that the allegation that

          the petitioner’s motorcycle was used in the alleged offence is

          not convincing in the absence of disclosure of its registration

          number. The petitioner is also stated to have a clean antecedent.

          I am of the opinion that petitioner has, prima facie, made out a
           Patna High Court CR. MISC. No.2805 of 2026(4) dt.01-04-2026
                                                       3/3




                     case to be released on pre-arrest bail.

                                  7. The petitioner, above named, is directed to be

                     released on pre-arrest bail, in the event of his arrest or surrender

                     before the learned District Court within a period of four weeks

                     from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction      of    learned      Judicial       Magistrate,   1st   Class,

                     Dalsingsarai, Samastipur / Concerned Court in connection with

                     Dalsingsarai P.S. Case No. 380/2024, subject to the conditions

                     as laid down under Section 482(2) of the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.


                                               (Purnendu Singh, J)

Sanjay/-

U      T


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