Patna High Court
Golu Singh @ Ashutosh Kumar @ Golu @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied and the trial court was directed to frame the charge and continue the trial.
Summary
The petitioner, Golu Singh, was arrested for allegedly shooting at an informant over a demand of Rs. 5 lakh extortion in Munger. He is charged under sections 308(5), 109, 3(5) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act. The petitioner filed a second bail application after an earlier denial. The court noted the seriousness of the alleged extortion and shooting, and observed that the charge had not yet been framed. Consequently, the court refused bail and ordered the trial court to frame the charge and proceed with trial.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the alleged offences
- Whether the trial court should be directed to frame charges before proceeding with trial
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 308(5), 3(5)
Subjects
- bail
- extortion
- attempted murder
- Arms Act
- charge framing
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7687 of 2026
Arising Out of PS. Case No.-393 Year-2024 Thana- KOTWALI District- Munger
======================================================
Golu Singh @ Ashutosh Kumar @ Golu @ Golu Kumar Son of Late Manoj
Kumar Singh @ Manoj Kumar Resident of Moh.- Subhash Nagar, Gumti No.-
2, P.S.- Kotwali, Dist.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Sinha, Adv
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Kotwali P.S.Case
No. 393 of 2024 registered for the offence punishable under
Section 308(5),109,3(5) of BNS and section 27 of the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 23.07.2025 passed in Cr. Misc.
No. 19077 of 2025, which reads as under:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Kotwali P.S.Case No.393
of 2024 registered for the offence under
sections 308(5),109 and 3(5) of the
Bharatiya Nyaya Sanhita.
Patna High Court CR. MISC. No.7687 of 2026(2) dt.16-02-2026
2/2
3. The petitioner and Karu Singh
shot at the informant in his shop for non
payment of extortion (Rangadari) of Rs. 5
lakhs in the twon of Munger. Thue
petitioner is in custody since 29.12.2024.
4 Considering the serious
allegation of demand of rangadari, I am
not inclined to grant bail to the petitioner.
5. Accordingly, this application
is dismissed.”
4. Learned counsel for the petitioner submits that
the charge has not been framed.
5. Considering the gravity of offence, I am not inclined
to review my earlier order.
6. Accordingly, the application stands dismissed.
7. The Trial court is directed to frame the charge and
proceed with the trial.
(Sandeep Kumar, J)
N.K/-
U T
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