Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied anticipatory bail to petitioner No.1 due to the serious nature of the alleged assault but granted anticipatory bail to petitioner No.2 subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Golu Kumar and Abhishek Kumar, sought anticipatory bail fearing arrest in a case alleging offences under several sections of the Bharatiya Nyaya Sanhita, including assault with an iron rod and robbery. The prosecution alleged that on 28‑10‑2025 the petitioners, along with an unknown accomplice, demanded ransom, assaulted the informant with an iron rod, and stole cash and a gold chain. The petitioners contended the FIR was false, stemming from a petty village dispute, and asserted clean antecedents. The court rejected anticipatory bail for petitioner No.1, citing the seriousness of the alleged assault and grievous injury, but granted anticipatory bail to petitioner No.2, imposing a bail bond of Rs.10,000 with two sureties and subjecting it to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The application was thereafter disposed of.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 for the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether anticipatory bail should be granted to petitioner No.2 considering the nature of the accusation and his clean antecedent.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to conditionally grant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 352
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
- assault
- robbery
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4291 of 2026
Arising Out of PS. Case No.-443 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
1. Golu Kumar S/o Ashok Sao R/o Village and P.S - Kawakole, District -
Nawada
2. Abhishek Kumar S/o Santosh Singh R/o Village - Kawakole Tola, Durga
Mandap, P.S - Kawakole, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109,
303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 28.10.2025,
when informant was returning home, these petitioners along
with one unknown accused abused him and demanded ransom.
Upon refusal, petitioner no. 1 assaulted on the head of informant
with iron rod. It is further alleged that the accused persons also
snatched cash and gold chain of the informant.
4. Learned counsel for the petitioners submit that both
Patna High Court CR. MISC. No.4291 of 2026(2) dt.19-02-2026
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parties are co-villagers and due to petty dispute, this false and
concocted case has been lodged. As a matter of fact, no such
occurrence, as alleged in the F.I.R., ever took place. Rest of the
allegations are ornamental only to make the case grave.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that there is specific
accusation that petitioner no. 1 assaulted informant with iron rod
and injury attributed to him is grievous.
6. Considering the nature of accusation and injury,
prayer for anticipatory bail of petitioner no. 1 is rejected.
7. However, considering the backdrop of the case,
nature of accusation and clean antecedent, this anticipatory bail
is allowed with regard to petitioner no. 2 and it is ordered that
let the above named petitioner no. 2 in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Nawada in connection with Kawakole P. S. Case No. 443 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
Patna High Court CR. MISC. No.4291 of 2026(2) dt.19-02-2026
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8. This application, accordingly, stands disposed of.
(Prabhat Kumar Singh, J)
Navya/-
U T
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