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Patna High Court

Golu @ Rahul Kumar @ Golu kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-
U      T


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