Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted to the petitioner.
Summary
The petitioner, Golu Kumar, was arrested in connection with a case registered under Sections 103(1) and 3(5) of the B.N.S., alleged to have participated in an assault on the victim. He claimed he was falsely implicated, had no prior criminal record, and had been in custody since 4 December 2024, seeking regular bail. The State, represented by an Additional Public Prosecutor, opposed the bail application. The Court, noting the seriousness of the offences and the allegations against the petitioner, declined to grant bail despite the co‑accused having been released on bail by another bench. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving offences under Sections 103(1) and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- assault
- false implication
- Section 103(1) B.N.S.
- Section 3(5) B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67383 of 2025
Arising Out of PS. Case No.-184 Year-2024 Thana- KALYANPUR District- Samastipur
======================================================
Golu Kumar S/O Baiju Rai R/O Vill.- Ratwara, P.S.- Kalyanpur, Dist.-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar, Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Kalyanpur P.S. Case No. 184/2024 registered for the offences
punishable under Sections 103(1) and 3(5) of B.N.S.
3. As per the prosecution case, petitioner along with
others is said to have assaulted the victim and the deceased has
taken the name of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedents in
which he is on bail and he is in custody since 04.12.2024. The
petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.67383 of 2025(6) dt.19-03-2026
2/2
for regular bail of the petitioner.
6. Considering the gravity of the offence and the
allegations levelled against the petitioner, this Court is not
inclined to grant bail to the petitioner, even though the co-
accused has been granted bail by Co-ordinate Bench of this
Court.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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