Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court held that bail may be granted to the petitioner under Section 482(2) of the B.N.S., 2023, subject to bond and conditions, as there is no evidence of criminal antecedents and the dispute appears settled.
Summary
Golu Kumar petitioned the Patna High Court for bail in a case registered under several sections of the Bihar Negotiable Substances Act, 2023, arising from a Diwali incident where a firecracker caused injuries and an altercation. He asserted that he was innocent, that the matter had been settled between the parties, and that all other accused had obtained anticipatory bail while he had no prior criminal record. The State opposed the bail application. The court examined the petition, noting the absence of criminal antecedents and the settlement, and applied Section 482(2) of the B.N.S., 2023. It granted bail subject to a bond of Rs 10,000 with two sureties and imposed conditions for cancellation if antecedents or false statements were discovered. The order directed the petitioner to surrender within eight weeks if arrested.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the B.N.S., 2023 in the present circumstances
- Whether the absence of prior criminal antecedents and settlement between parties justify granting bail
- Whether the petitioner’s failure to apply earlier for anticipatory or regular bail affects the bail decision
Legislation cited
- B.N.S., 2023 — s. 110, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- anticipatory bail
- Section 482
- B.N.S. 2023
- criminal antecedents
- settlement
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4425 of 2026
Arising Out of PS. Case No.-150 Year-2025 Thana- SIKARHATTA District- Bhojpur
======================================================
Golu Kumar Son of Baban Singh Resident of Village- Fetehpur, P.S.-
Sikarhatta, District- Bhojpur at Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
Mr. Pawan Kumar, Advocate
For the State : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Sikarhatta P.S. Case No. 150 of 2025, dated
22.10.2025, registered for the offences punishable under
Sections 115(2), 126(2), 110, 118(1), 352, 351(2) and 3(5) of
B.N.S., 2023.
3. As per allegation, on the occasion of Diwali, there
was bursting of one cracker which hit Golu Kumar, Rakesh @
Golu and Prem Prakash @ Rahul Kumar, leading to altercation
between the two sides and causing injury and lodging of case
and counter case between the parties.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.4425 of 2026(2) dt.04-02-2026
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Petitioner is innocent and has falsely been implicated in this
case. He further submits that as a matter of fact, there was
altercation in which both sides got injury and even matter has
been settled between the parties and all the accused persons of
both sides, except the present petitioner, have got anticipatory
bail. He also submits that there is case and counter case between
the parties and counter case filed by the petitioner’s side is
Sikarhatta P.S. Case No. 151 of 2025.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.4425 of 2026(2) dt.04-02-2026
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satisfaction of learned concerned Court below, in connection
with Sikarhatta P.S. Case No. 150 of 2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S
2023, and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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