Patna High Court
Golden KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that in view of the petitioner’s clean antecedent and the absence of any cogent material linking him to the offence, bail should be granted subject to conditions.
Summary
Golden Kumar was arrested on 9 July 2024 in connection with a murder case (Pandarak P.S. Case No.167 of 2024) under Sections 103 and 3(5) of the Bihar Narcotic Substances Act, 2023. He applied for bail, asserting that the FIR was fabricated, he has a clean antecedent, and no substantive evidence links him to the crime. The State opposed bail, arguing that the petitioner is named in the FIR. The court examined the lack of cogent material against the petitioner and his clean record, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Additional District and Sessions Judge, IV, Barh, Patna.
Issues considered
- Whether bail should be granted to the accused in a murder case where the FIR is alleged to be false and no substantive evidence is found against him
- Whether the petitioner’s clean antecedent warrants bail despite the seriousness of the offence
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 3(5)
Subjects
- bail
- murder
- criminal procedure
- clean antecedent
- Bihar
- Section 103 BNS
- Section 3(5) BNS
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83546 of 2025
Arising Out of PS. Case No.-167 Year-2024 Thana- PANDARAK District- Patna
======================================================
Golden Kumar S/O Late Manoj Rai @ Late Manoj Ram Resident of Village -
Purai Bagi, Police Station - Barh, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Shanker Pankaj, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 31-01-2026 Heard Mr.Ravi Shanker Pankaj, learned counsel for
the petitioner and Mr.Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
09.07.2024 in connection with Pandarak P.S. Case No.167 of
2024, corresponding to S.Tr.No.1549/2024, F.I.R. dated
08.07.2024 registered for the offence punishable under Sections
103, 3(5) of BNS, 2023.
3. As per FIR, the informant has firm belief that the
petitioner and his other colleagues have murdered his brother
Rautam Kumar.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
Patna High Court CR. MISC. No.83546 of 2025(4) dt.31-01-2026
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has not committed any offence as alleged in the FIR. From a
bare perusal of the FIR although the petitioner is named in the
FIR but from a bare perusal of the FIR it appears that the
informant is also not the eye witness of the alleged occurrence
and except the suspicion no other cogent material has come
during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence. The
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 09.07.2024.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner is named in the FIR but fairly submits that no other
cogent material has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence.
6. Considering the aforesaid facts, petitioner has clean
antecedent and the period of custody, let the petitioner, above
named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Additional District and
Sessions Judge, IV, Barh, Patna in connection with Pandarak
P.S. Case No.167 of 2024, corresponding to S.Tr.No.1549/2024,
Patna High Court CR. MISC. No.83546 of 2025(4) dt.31-01-2026
3/3
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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