Patna High Court
Golu Kumar @ Sumit Kumar @ SumitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and conditions.
Summary
The petitioner, Golu Kumar, was arrested on 3 September 2025 in connection with a FIR dated 12 January 2025 alleging that he fired a shot at the informant's son and demanded Rs. 8,00,000 as extortion, invoking several sections of the BNS and Section 27 of the Arms Act. The petitioner claimed he was falsely implicated due to a prior dispute reflected in Complaint Case No. 1145C of 2024 and asserted his innocence. The State opposed bail, highlighting that the petitioner has five other pending cases, though he is already on bail in four of them. The court considered the factual background, the seriousness of the offences, and the existence of a prior dispute, and decided to grant bail on a bond of Rs. 10,000 with two sureties and specific conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order also stipulated cancellation of the bond if the petitioner fails to appear on two consecutive dates without sufficient cause or conceals his antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and his pending criminal cases
- Whether the prior dispute (Complaint Case No. 1145C of 2024) justifies granting bail
Legislation cited
Subjects
- bail
- extortion
- attempted murder
- Arms Act
- criminal antecedent
- prior dispute
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5478 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Golu Kumar @ Sumit Kumar @ Sumit S/o- Shakti Singh R/v- W.No-7,
Ramdiri Nakti Naktitola Ramdiri Ps- Matihani Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
For the Informant : Mr. Sandip Kumar Gautam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Pritish Kumar Lal, learned counsel for the
petitioner, Mr. Sandip Kumar Gautam, learned counsel for the
informant and Mr. Narendra Kumar Singh, learned APP for the
State.
2. The petitioner seeks bail, who is in custody since
03.09.2025 in connection with Begusarai Muffasil P.S. Case No.
12 of 2025, F.I.R. dated 12.01.2025 for the offences punishable
under Sections 126(2), 115(2), 351(2), 318(4), 308 (3), 308(5),
3(5) of the BNS and section 27 of the Arms Act.
3. According to prosecution case, the petitioner and
accused persons are alleged to have fired a shot from a country
made pistol on the informant’s son with intention to kill and
Patna High Court CR. MISC. No.5478 of 2026(2) dt.29-01-2026
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further demanded Rs. 8,00,000/- as extortion.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Learned counsel further submits that the allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the F.I.R. From a
bare perusal of F.I.R., it appears that due to some previous
dispute, the present occurrence has taken place and a Complaint
Case No. 1145C of 2024 which was filed by the son of the
informant against the brother of the petitioner. He further
submits that for this reason, the petitioner has falsely been
implicated in the present case. It appears from the FIR that the
petitioner has fired upon the son of the informant but the Police
has not mentioned the arms act in the FIR and the police after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 03.09.2025.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner and submits that the petitioner carries five more
cases other than the present one but fairly submits on the basis
of paragraph 3 of the bail petition that the petitioner is on bail in
four cases and one case is pending for consideration before
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competent court of law.
6. Considering the aforesaid facts and circumstances
and also the fact that there was some previous dispute
(Complaint Case No. 1145c of 2024) between both parties, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate, 1st Begusarai in connection with
Muffasil P.S. Case No. 12 of 2025, with the following
conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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