Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioners under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, Golu Kumar and Dipchand Kumar, sought bail fearing arrest in connection with Bakhtiyarpur Police Station Case No. 50 of 2025, which alleged they used filthy language to outrage an informant’s modesty, invoking several sections of the Bihar Negotiable Substances Act. They contended they are agnates with clean antecedents and that one of them had filed a counter‑case. The State opposed the bail application. The court examined the seriousness of the alleged offences, the petitioners’ background, and the risk of flight, and applied Section 438(2) of the Criminal Procedure Code. It ordered that each petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the usual conditions. The bail order was pronounced by Justice Nawneet Kumar Pandey.
Issues considered
- Whether bail should be granted to the petitioners despite the alleged offences under Sections 126(2), 115(2), 74, 329(3), 352, 351(2), 351(3), 3(5) of the Bihar Negotiable Substances Act.
- Whether the petitioners’ clean antecedents and agnatic relationship justify bail.
- Whether the conditions of Section 438(2) CrPC are satisfied for granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Section 438
- Bihar Negotiable Substances Act
- obscene language
- harassment
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51411 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
1. Golu Kumar S/o Sachindra Rai @ Om Babu Resident Of Village- Ghoswari,
PS- Bakhtiyarpur, Dist- Patna
2. Dipchand Kumar S/o Sunil Rai Resident Of Village- Ghoswari, PS-
Bakhtiyarpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Adv.
Mrs. Pragati Singh, Adv.
Ms. Shivani Mishra, Adv.
Ms. Vidhi Shree, Adv.
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioners as well as
the learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Bakhtiyarpur P.S. Case No. 50 of 2025 registered for the
offences punishable under Sections 126(2), 115(2), 74, 329(3),
352, 351(2), 351(3), 3(5) of the BNS.
3. As per FIR, it is alleged that petitioner no. 1 and
petitioner no. 2 used filthy language against the informant with
the intent to outrage her modesty while she was going to her
coaching institute with her friends. When the informant and her
friends protested, they allegedly continued their misconduct.
Patna High Court CR. MISC. No.51411 of 2025(4) dt.11-02-2026
2/2
4. The learned counsel for the petitioner has submitted
that both parties are agnates. They are the persons of clean
antecedents. He has further submitted that petitioner no. 2 has
also lodged a case, which is annexed as Annexure-P/2.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioners, in the event of their arrest or
surrender within four weeks before the learned court below, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned ACJM-III, Barh in connection with
Bakhtiyarpur P.S. Case No. 50 of 2025, subject to the conditions
as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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