Patna High Court
Golu Kumar @ Golu Kumar Bind @ Golu BindversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied as the petitioner was directly implicated in the murder, firearms were recovered from him, and he has twelve prior convictions.
Summary
The petitioner, Golu Kumar, sought bail in a case where he was charged under IPC sections 448 and 302/34 and Arms Act sections 25(1‑B)(a), 26 and 35 for allegedly entering the informant's house and firing at the informant's daughter, resulting in her death. The prosecution alleged direct involvement of the petitioner, recovery of firearms from him, and highlighted his twelve prior criminal convictions. The petitioner argued there were no eye‑witnesses and that he was merely dragged into the case. The court examined the seriousness of the offences, the presence of direct allegations, the recovered weapons, and the extensive criminal antecedents. Concluding that the factors outweighed any presumption of innocence, the court denied bail and directed the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the murder and arms offences, the lack of eye‑witnesses, and his extensive criminal record.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Indian Penal Code — s. 302, 34, 448
Subjects
- bail
- murder
- arms act
- criminal antecedents
- serious offence
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56282 of 2025
Arising Out of PS. Case No.-1 Year-2024 Thana- Chakia District- Begusarai
======================================================
Golu Kumar @ Golu Kumar Bind @ Golu Bind Son of Jitendra Kumar Singh
@ Jitendra Mahto Village- Chamtha, Diyara, Ward no 3, PS- Bachhwara,
Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 448 and 302/34 of the
Indian Penal Code and Section 25 (1-B)a, 26 and 35 of the Arms
Act.
3. As per the prosecution case, the petitioner along
with one another co-accused forcibly entered into the house of
the informant and fired on the head of his daughter due to which
she died.
4. It is submitted by learned counsel for the
petitioner that there is no eye witness of the occurrence and
informant is not the actual eye witness. It is further submitted
Patna High Court CR. MISC. No.56282 of 2025(3) dt.19-02-2026
2/2
that, as a matter of fact, a heated exchange took place between
the daughter of the informant and the co-accused, Mithun
Kumar and the petitioner has unnecessarily been dragged in the
present case and is languishing in custody since 26.02.2024.
5. Learned APP for the State vehemently opposing
the bail petition submitted that there is direct allegation of
firing upon the petitioner causing death of the informant’s
daughter as also the fact that he has twelve criminal
antecedents, he does not deserve the privilege of bail.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that there
is direct allegation of firing upon the daughter of the informant
causing her death, coupled with the fact that the firearms were
recovered from him on the spot and there are as many as twelve
criminal antecedents, I am not inclined to enlarge the petitioner
on bail. The prayer for bail is hereby rejected. However, the
learned Trial Court is directed to expedite the trial.
(Soni Shrivastava, J)
Trivedi/-
U T
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