Patna High Court
Gautam Kumar @ Golu kumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to Sajan Kumar and Nandan Kumar while denying bail to Gautam Kumar.
Summary
The petitioners Sajan Kumar and Nandan Kumar were accused in a robbery case (Mansurchak P.S. Case No. 106 of 2024) under Section 309(6) of the Bihar Narcotic Substances Act. On 11 October 2024, the informant and his wife were assaulted, their motorcycle and valuables were stolen by four accused. The petitioners claimed innocence and argued that no incriminating material was recovered from them, citing a similar bail order granted to a co‑accused, Raju Kumar. The court granted regular bail to Sajan Kumar and Nandan Kumar upon furnishing a bail bond of Rs.10,000 with two sureties, subject to cooperation with the trial. Gautam Kumar, whose possession yielded the looted motorcycle, was denied bail, though he was permitted to re‑apply after three months. The bail petitions were disposed accordingly.
Issues considered
- Whether regular bail should be granted to accused under Section 309(6) of the Bihar Narcotic Substances Act in the circumstances of the robbery case.
- Whether the recovery of the stolen motorcycle from Gautam Kumar’s possession justifies denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(6)
Subjects
- regular bail
- robbery
- assault
- theft
- Section 309(6)
- criminal procedure
- recovery of stolen property
- coordinate bench
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58038 of 2025
Arising Out of PS. Case No.-106 Year-2024 Thana- MANSURCHAK District- Begusarai
======================================================
Sajan Kumar S/O Rajesh Das R/O Village- Surouli, P.S.- Bibhutipur, District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 53000 of 2025
Arising Out of PS. Case No.-106 Year-2024 Thana- MANSURCHAK District- Begusarai
======================================================
Gautam Kumar @ Golu kumar S/o Jay Narayan Mahto R/o Vill- Gangauli,
P.S.- Bibhutipur, Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 73221 of 2025
Arising Out of PS. Case No.-106 Year-2024 Thana- MANSURCHAK District- Begusarai
======================================================
Nandan Kumar S/o Dinesh Prasad Mahto Resident of Village - Gangauli, P.S -
Bibhutipur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 58038 of 2025)
For the Petitioner/s : Mr.Gaurav Kumar, Adv.
Mr.Gyan Prakash, Adv.
Mr.Madhav Kumar, Adv.
Mr.Vikram Kumar, Adv.
For the Opposite Party/s : Mr.Nand Kishore Prasad
(In CRIMINAL MISCELLANEOUS No. 53000 of 2025)
For the Petitioner/s : Mr.Bipin Kumar
For the Opposite Party/s : Mr.Humayou Ahmad Khan
(In CRIMINAL MISCELLANEOUS No. 73221 of 2025)
For the Petitioner/s : Mr.Raja Ram Mishra
Patna High Court CR. MISC. No.58038 of 2025(5) dt.12-01-2026
2/3
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 12-01-2026 Heard learned counsel for the petitioners as well as
learned APP for the State.
2. In this case, the petitioners are seeking regular bail in
connection with Mansurchak P.S. Case No. 106 of 2024 registered
for the offences punishable under Sections 309(6) of the BNS
3. On 11.10.2024, the informant, while returning home
on his Splendor Plus motorcycle along with his wife, was intercepted
near the old Chak Sohilwara garbage unit. Four accused persons,
who were riding on two motorcycles, stopped them and assaulted the
informant, causing head injuries. Further, they threatened his wife
with a weapon, and forcibly snatched his motorcycle, two mobile
phones, a mangalsutra, and ₹10,000 in cash and fled away.
4. The learned counsel for the petitioners has submitted
that the petitioners are innocent and have falsely been implicated in
this case. So far as petitioners Sajan Kumar and Nandan Kumar are
concerned, nothing has been recovered from their possession. He has
also submitted that the case of the petitioners Sajan Kumar and
Nandan Kumar is on exactly similar footing to that of co-accused
Raju Kumar, who has been granted regular bail by a coordinate
Bench of this Court vide order dated 05.12.2025 in Cr. Misc. No.
77197 of 2025.
Patna High Court CR. MISC. No.58038 of 2025(5) dt.12-01-2026
3/3
5. Considering the above-mentioned facts and
circumstances, let the petitioner Sajan Kumar in Cr. Misc. No.
58038 of 2025 and the petitioner Nandan Kumar in Cr. Misc. No.
73221 of 2025, above-named be released on bail on furnishing bail
bonds of Rs.10,000/- each with two sureties of the like amount each
to the satisfaction of learned Judicial Magistrate-1st Class,
Begusarai / concerned court below in connection with Mansurchak
P.S. Case No. 106 of 2024, subject to the following condition that the
petitioners shall cooperate in the disposal of trial and make
themselves available as and when required by the court.
6. So far as the petitioner Gautam Kumar @ Golu Kumar
(in Cr. Misc. No. 53000 of 2025) is concerned, there is recovery of
looted motorcycle from his possession, as such, he doesn’t deserve
the privileges for bail. Accordingly, his prayer for bail is rejected.
7. However, the petitioner Gautam Kumar @ Golu Kumar
(in Cr. Misc. No. 53000 of 2025) may renew his payer for bail after
three months before the court below itself.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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