Patna High Court
Golu Kumar @ Golu Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a monetary bond and specified conditions.
Summary
The petitioner, Golu Kumar, was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after police recovered a live cartridge from his residence. He claimed false implication and argued that no incriminating material was found on his person, also pointing out non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s three prior criminal antecedents. The court, considering the length of custody since 6 September 2025 and the lack of material evidence, decided to grant bail subject to a bond of Rs 15,000 with two sureties and specific conditions. The bail order includes requirements to appear in court, not tamper with evidence or intimidate witnesses, and not commit a similar offence.
Issues considered
- Whether bail should be granted in a case involving alleged illegal arms possession under the Arms Act.
- Whether the petitioner’s prior criminal antecedents and the seriousness of the offence preclude bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- illegal arms
- Section 103
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79432 of 2025
Arising Out of PS. Case No.-269 Year-2025 Thana- AMNAUR District- Saran
======================================================
Golu Kumar @ Golu Kumar Prasad S/O Guddu Prasad R/o Vill.- Paharpur,
P.S - Amnaur, District - Chapra, Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Murari Mishra, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Amnaur
P.S. Case No. 269 of 2025, instituted for the offences under
Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. Prosecution case, in short, is that on receiving secret
information regarding petitioner indulged in trade of illegal
arms, the Police personnel raided the house of the petitioner. On
seeing the Police, petitioner tried to flee away, but on chase, he
was apprehended and a country made katta with a live cartridge
was recovered.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.79432 of 2025(3) dt.11-02-2026
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possession of the petitioner. It has been submitted on behalf of
the petitioner that the petitioner is in custody since 06.09.2025
and has three criminal antecedents. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Amnaur P.S. Case
No. 269 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
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the course of trial.
(IV) The Petitioner shall not commit offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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