Patna High Court
Golu Kumar @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of surety and regular court attendance.
Summary
The petitioner, a 20‑year‑old student, applied for bail in a case registered under sections 109, 118(2), 127 and 191(3) of the BNS, 2023, alleging that he fired at Gopal Kumar causing a simple back injury. The petitioner contended he was not present at the incident, had no criminal antecedents, and had been in custody since 17‑05‑2025. The State opposed bail, asserting a direct allegation of firing. The court considered the petitioner’s youth, lack of prior record, the nature of the injury, and the length of custody, and decided to enlarge bail on a bond of Rs.10,000 with two sureties, imposing conditions regarding surety and trial attendance. The bail was granted subject to cancellation if the petitioner misses two consecutive court dates without sufficient cause.
Issues considered
- Whether bail should be granted to the accused under sections 109, 118(2), 127 and 191(3) of the BNS, 2023 considering the nature of the alleged offence, the accused’s age, health and custodial period.
Legislation cited
- BNS, 2023 — s. 109, 118(2), 127, 191(3)
Subjects
- bail
- criminal procedure
- BNS 2023
- sections 109, 118(2), 127, 191(3)
- young accused
- simple injury
- no prior record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71510 of 2025
Arising Out of PS. Case No.-518 Year-2024 Thana- PAKARIBARAW District- Nawada
======================================================
Golu Kumar @ Ankit Kumar Son of Shailesh Singh Village -Kabola PO
-Pakriwarwan PS- Pakriwarwan District -Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Adv.
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
For the Informant : Mr. Ram Prawesh Kumar, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Pakriwarwan P.S. Case no.518 of
2024 registered under sections 109, 118(2), 127, 191(3) of BNS,
2023.
3. Allegation in the F.I.R is that petitioner fired on one
Gopal Kumar, with an intention to kill, due to which he
sustained injury in his back.
4. Learned counsel for the petitioner submits that
petitioner is a young student of about 20 years of age. He further
submits that although petitioner was not present at the place of
occurrence, he has been made an accused for oblique motive.
Patna High Court CR. MISC. No.71510 of 2025(4) dt.24-02-2026
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Further, the entire incident had taken place on account of
dispute with regard to PACS election between two rival factious
in which firing was also made and wrongly allegation of
opening fire has been made attributed upon this petitioner. It is
further submitted that injury report of the injured indicates that
one penetrating injury has been found on the left back of lumbar
region, however, no fracture was seen in the X-ray and the
injury is said to be simple in nature. The petitioner has no
criminal antecedent and is in custody since 17.05.2025. He
undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the informant on the
ground that there is direct allegation against this petitioner of
having fired upon the Gopal Kumar due to which he sustained
injuries.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
petitioner is a young boy who has remained in custody since
17.05.2025 and injury sustained is simple in nature, the
petitioner is directed to be enlarged on bail in connection with
Pakriwarwan P.S. Case no.518 of 2024 on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.71510 of 2025(4) dt.24-02-2026
3/3
like amount each to the satisfaction of the learned Court
concerned where the case is pending/successor Court, subject to
the following conditions:-
(I) One of the bailors of the petitioner shall be the
father/mother of the petitioner.
(II) Petitioner shall appear on each and every date
fixed in the trial and co-operating in framing of charge. In the
event of his absence on two consecutive dates without sufficient
cause, the learned trial Court shall be at liberty to cancel the bail
bonds furnished by the petitioner.
(Soni Shrivastava, J)
Harsh/-
U T
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