Patna High Court
Golu Kumar Son @ Golu Kumar @ Raj AryaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
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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
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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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