Patna High Court
Golu Kumar @ Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to regular bail and the bail application is allowed.
Summary
The petitioner, Golu Kumar, applied for regular bail in a case registered under Sections 103(1), 61(2), 3(5) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act, alleging that he had shot dead the son of an informant. The prosecution contended that the petitioner, along with others, was responsible for the killing. The petitioner’s counsel argued that the only incriminating material was a confessional statement of the informant, that the petitioner had no criminal antecedents, and that a co‑accused had been granted bail by a coordinate bench, establishing parity. The court examined the record, noted the lack of material evidence against the petitioner apart from suspicion, and considered the principle of equality with the co‑accused. Accordingly, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs. 10,000 with two sureties. The application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences alleged under the Bhartiya Nyaya Sanhita and the Arms Act.
- Whether the confessional statement of the informant and the absence of other incriminating material justify denial of bail.
- Whether parity with a similarly situated co‑accused who was granted bail mandates the same relief.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- regular bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Arms Act
- parity
- confessional statement
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30808 of 2026
Arising Out of PS. Case No.-1306 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Golu Kumar @ Himanshu Kumar S/o Arun Kumar @ Arun Gop R/o Village-
Patan Devi colony, PS- Alamganj, Dist- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Abhay Kumar, Advocate
For the Opposite Party : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Alamganj P.S. Case No. 1306 of 2025, dated 15.12.2025,
registered for the offence under Sections 103(1), 61(2) and 3(5)
of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner
along with others has shot dead the son of the informant.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has committed no offence.
Learned counsel for the petitioner has further submitted that
from perusal of the FIR, it is clear that the informant is not the
eye witness of this case, rather he has merely suspected that the
petitioner along with others killed his son. Learned counsel has
further submitted that the name of this petitioner has come on
Patna High Court CR. MISC. No.30808 of 2026(3) dt.24-06-2026
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the basis of suspicion. During investigation, police has extracted
his confessional statement. Save and except confessional
statement, there is nothing against him. Nothing incriminating
has been recovered from the possession of the petitioner. It has
been further submitted that the petitioner has got no criminal
antecedent and he is in judicial custody since 19.12.2025. It has
also been submitted that similarly situated co-accused person,
namely, Sahil Kumar @ Sahit Kumar, has been extended the
privilege of regular bail by a coordinate Bench of this Court by
order dated 20.05.2026 passed in Cr. Misc. No. 34618 of 2026.
5. Learned A.P.P. for the State vehemently opposed
the prayer for regular bail of the petitioner.
6. Heard learned counsel for the parties and perused
the record.
7. Considering the facts and circumstances of the case
and the parity, let the, above named, petitioner be released on
bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned ACJM-VI, Patna City, in connection with Alamganj P.S.
Case No. 1306 of 2025.
8. The application stands allowed accordingly.
(Praveen Kumar, J)
Pawan/-
U T
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