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Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and specified conditions.

Summary

The petitioner, Golu Kumar, sought regular bail in a case registered as Karpurigram P.S. Case No. 43 of 2025 for alleged robbery and discharge of a firearm, charged under Section 309(4) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. He was not named in the FIR; his alleged involvement was inferred from video footage and the tracing of a motorcycle registered to his cousin, Vikram Kumar, who testified that the bike was with Golu on the date of the incident. The petitioner has been in custody since May 1, 2025 and claims a clean antecedent, citing that a co‑accused, Prem Chandra Kumar, was granted bail in a similar case. The State opposed bail, arguing the seriousness of the offence. The High Court, noting the precedent of bail to the co‑accused and the petitioner’s willingness to cooperate, ordered that bail be granted on a bond of Rs 10,000 with two sureties, subject to conditions regarding family surety, trial attendance, and cancellation if involved in similar cases.

Issues considered

  • Whether the petitioner, not named in the FIR but identified through video and vehicle trace, is entitled to regular bail under the circumstances.
  • Whether the grant of bail to a co‑accused in a similar case warrants bail for the petitioner.

Legislation cited

Subjects

  • bail
  • robbery
  • armed robbery
  • Arms Act
  • Bihar Narcotic Substances Act
  • video evidence
  • co‑accused
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52877 of 2025
                  Arising Out of PS. Case No.-43 Year-2025 Thana- KARPURIGRAM District- Samastipur
                 ======================================================
                 Golu Kumar S/o- Ashok Paswan R/V- Dhurlakh Ps- Mussfail District-
                 Samstipur

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Ajay Kumar, Adv.
                 For the State           :       Mr.J.N. Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   08-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Karpurigram P.S. Case No.43 of

                   2025 registered for the offence under section 309(4) of B.N.S

                   and Section 27 of the Arms Act.

                                 3. As per allegation, while the informant, who is an

                   employee of Credit Axis Gramin Ltd. Company, was going to

                   deposit cash on his motorcycle, two miscreants looted the cash,

                   a tab, etc. When he protested, one of the miscreants fired gun

                   shot and fled away.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the FIR. His name has surfaced on the
Patna High Court CR. MISC. No.52877 of 2025(4) dt.08-01-2026
                                            2/3




          basis of video allegedly recorded by the informant and the

          police, during the course of investigation, traced the registration

          number of motorcycle and the owner of the motorcycle Vikram

          Kumar, who disclosed to the police that the said bike was taken

          by his cousin Golu Kumar (the petitioner) on the alleged date of

          occurrence and on that basis, the petitioner was apprehended by

          the police. It is further submitted that petitioner is under custody

          since 01.05.2025. He has also submitted that on exactly similar

          footing, co-accused Prem Chandra Kumar has been granted

          regular bail by a coordinate Bench of this Court vide order dated

          15.11.2025 in Cr. Misc. No. 55322 of 2025. The petitioner

          undertakes to co-operate in the case/trial. The petitioner is a

          person of clean antecedent.

                       5. The learned APP for the State has opposed the

          prayer for bail.

                       6. Considering the above-mentioned facts and

          circumstances as well as the fact that co-accused has been

          granted bail, the petitioner is directed to be enlarged on bail in

          connection with Karpurigram P.S. Case No. 43 of 2025 on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the     learned      concerned          Court        where   the   case   is
           Patna High Court CR. MISC. No.52877 of 2025(4) dt.08-01-2026
                                                       3/3




                     pending/Successor Court, subject to the following conditions:-

                                  (I) One of the bailors of the petitioner shall be the

                     family member/close relative of the petitioner.

                                  (II) The petitioner shall co-operate in the trial and

                     would make himself available on each and every date fixed by

                     the trial Court and would co-operate in getting the charges

                     framed and in case of non-appearance on any date without any

                     sufficient reason, the learned trial Court is liberty to cancel the

                     bail bonds.

                                   (III) The learned trial Court would also be at liberty

                     to cancel the bail bonds if it has been found that the petitioner is

                     involved in any other case of similar nature.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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