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Patna High Court

Golu Kumar @ Dilkhush KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted and dismissed the application.

Summary

The petitioner, Golu Kumar, was arrested in connection with a case registered under Sections 309(4) and 317(2) of the B.N.S., alleged to involve loot. He applied for regular bail, claiming false implication despite having three prior criminal antecedents and being in custody since September 2025. The State opposed bail on the ground that the petitioner is named in the FIR. The Court considered the seriousness of the alleged offences and the petitioner’s criminal record. Concluding that the gravity of the offence outweighed the petitioner's assurances, the Court denied bail. The bail application was therefore dismissed.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 309(4) and 317(2) of the B.N.S. considering the gravity of the offence and his criminal antecedents

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Sections 309(4)
  • Section 317(2)
  • gravity of offence
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.299 of 2026
                       Arising Out of PS. Case No.-451 Year-2025 Thana- GHOSI District- Jehanabad
                 ======================================================
                 Golu Kumar @ Dilkhush Kumar Son of Laghu Sharma Resident of Village -
                 Govindpur, Police Station - Ghoshi (Okari), District - Jehanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bipin Kumar, Advocate
                 For the Opposite Party/s :       Mr.Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-03-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Ghoshi P.S. Case No. 451/2025 registered for the offences

                   punishable under Sections 309(4) and 317(2) of B.N.S.

                                3. As per the prosecution case, petitioner and other

                   accused are alleged to have committed loot.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has three criminal antecedents

                   and he is in custody since 07.09.2025. The petitioner undertakes

                   to co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer

                   for regular bail of the petitioner on the ground that the petitioner
              Patna High Court CR. MISC. No.299 of 2026(3) dt.24-03-2026
                                                          2/2




                        is named in the FIR.

                                     6. Considering the gravity of the offence, this Court is

                        not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U


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