Patna High Court
Golu @ Rahul Kumar @ Golu kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bihar Negotiable Substances Act, 2023.
Summary
The petitioner, Golu @ Rahul Kumar, was accused of multiple offences under the Bihar Negotiable Substances Act, 2023, based on an FIR filed six days after the alleged incidents of inappropriate conduct, threat with a pistol, and assault by his family members. He contended that he has a clean record and that the allegations are false, emphasizing the delay in filing the FIR and the minor nature of the injuries. The State and the informant opposed his anticipatory bail but could not refute the delay or the seriousness of the injuries. The court, after considering the submissions, granted anticipatory bail subject to a cash bond and sureties, imposing conditions under Section 482(2) of the Act. The order directs the petitioner to surrender to the trial court within six weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations and the delay in filing the FIR.
- Whether the nature of the alleged injuries and the petitioner’s clean antecedent justify bail.
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- FIR delay
- false implication
- Section 482
- Bihar criminal law
- injury assessment
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76045 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Golu @ Rahul Kumar @ Golu kumar S/O Ranjit Paswan R/o - Kolhuara,
Ward No.06, P.S - Kalayanpur, District - Samastipur, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Informant cum Victim D/O Sanjay Paswan R/o - Kolhuara, P.S.-
Kalayanpur, District - Samastipur, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra
For the Opposite Party/s : Ms. Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 15-05-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 76, 109, 352, 303(2), 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 12.01.2025, petitioner came on the roof and
started behaving inappropriately with her while she was
sleeping, further when she woke up, she protested, on which
petitioner threatened her with a pistol, but on alarm her family
Patna High Court CR. MISC. No.76045 of 2025(3) dt.15-05-2026
2/3
members came and petitioner fled, it is next alleged that on
13.01.2025, the family members of petitioner came to the house
of the informant and Ranjit assaulted the father of the informant
by an iron rod causing injury on head, it is also alleged that
accused persons also assaulted other family members of the
informant including the informant causing injury to them.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the F.I.R., it would manifest that
informant alleges that petitioner on 12.01.2025, in the night
came on the roof and behaved inappropriately with her, but then
no case came to be instituted on the next day, but then it is
alleged that on the next day, the family members of the
petitioner came and Ranjit assaulted the father of the informant
by butt of pistol causing injury on head. It is also submitted that
the date of occurrence is 13.01.2025 and the FIR came to be
instituted on 19.01.2025 i.e. after a delay of six days. It is also
submitted that even presuming what has been alleged is true
without admitting then the injury suffered by the injured has
been opined to be simple in nature and petitioner is not alleged
to have assaulted and from side of the petitioner, Kalyanpur P.S.
Patna High Court CR. MISC. No.76045 of 2025(3) dt.15-05-2026
3/3
Case No.27 of 2025 has been instituted against the informant
and her side.
5. Learned A.P.P. for the State and the learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the petitioner, but then are not in a position
to rebut the submission of the learned counsel appearing on
behalf of the petitioner that FIR was instituted after a delay of
six days and the injury suffered by the injured is simple in
nature.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Kalyanpur P.S.
Case No. 22 of 2025 subject to the conditions as laid down
under Section 482 (2) of BNSS.
(Satyavrat Verma, J)
amit/-
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