Patna High Court
Golu Chauhdhary @ Golu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Golu Chaudhary, applied for anticipatory bail fearing arrest in a case involving offences under IPC sections 394 (dacoity), 307 (attempt to murder), 34 (common intention) and Arms Act section 27. The prosecution alleged that on 14 November 2021, the informant’s grandson was shot and his motorcycle stolen by a group of accused, and a confessional statement by an apprehended accomplice named the petitioner as present and actively participating in the crime. The petitioner also has a prior criminal antecedent. The court examined the seriousness of the charges, the material evidence, and the petitioner’s criminal history. Considering these factors, the court concluded that the petitioner does not merit the protection of anticipatory bail. Consequently, the application for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the offences (IPC 394, 307, 34 and Arms Act 27) and the evidence against him
- Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34, 394
Subjects
- anticipatory bail
- IPC
- Arms Act
- dacoity
- attempt to murder
- common intention
- criminal antecedent
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39715 of 2026
Arising Out of PS. Case No.-516 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Golu Chauhdhary @ Golu Chaudhary S/o Chaturbhuj Chaudhary Resident of
Village- Dhanaiya, P.S.- Sahebganj, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sunil Kumar Pandey, Advocate
For the State : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 394, 307
and 34 of the Indian Penal Code and Section 27 of the Arms
Act.
3. As per prosecution case, on 14.11.2021, informant’s
grandson was returning home on his motorcycle along with two
of his friends, in the meantime, they were intercepted by three
unknown accused persons who asked for the key of the
motorcycle. It is further alleged that upon protest, the accused
persons shot in the stomach of grandson of informant, snatched
the motorcycle and fled away. During investigation, one Dipu
Patna High Court CR. MISC. No.39715 of 2026(2) dt.24-06-2026
2/2
was apprehended who in his confessional statement named this
petitioner and alleged that on the date and time of occurrence,
this petitioner was also present along with Sonu Kumar and he
actively participated in surrounding the driver of the motorcycle
and after gun shot when the driver fell down, this petitioner,
along with other co-accused persons, took away the motorcycle.
Petitioner has got one criminal antecedent.
4. Considering the facts and circumstances of the
case, nature of accusation, materials that have surfaced during
investigation and criminal antecedent of the petitioner, the
prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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