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Patna High Court

Golu Kumar @ Golu Kumar Bind @ Golu BindversusThe State of Bihar

Decided
Disposal
REJECTED

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

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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