Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act — s. 309(4)
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
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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
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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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