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Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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