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Patna High Court

Golu Kumar @ Suraj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner with conditions of cooperation and weekly police station attendance.

Summary

The petitioner, Golu Kumar, was charged under Sections 305 and 331(4) of the Bihar Negotiable Instruments Act for alleged theft from an informant's house. The prosecution alleged that unknown miscreants stole cash, ornaments and other articles, and the petitioner had given a confessional statement, though no material was recovered from him and no TIP was conducted. The petitioner sought regular bail, citing that a co-accused had been granted bail in a similar case and that nothing substantive linked him to the stolen items. The State opposed bail, highlighting the petitioner's antecedent of eleven criminal cases. After hearing both sides, the court granted regular bail on the condition of cooperation with the trial and weekly attendance at the police station, subject to a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite a confessional statement and prior criminal antecedents
  • Whether the lack of recovered material and absence of a TIP affect the bail decision

Legislation cited

Subjects

  • regular bail
  • confessional statement
  • theft
  • prior criminal antecedents
  • Section 305
  • Section 331(4)
  • Bihar Negotiable Instruments Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8436 of 2026
                         Arising Out of PS. Case No.-199 Year-2025 Thana- FATUA District- Patna
                 ======================================================
                 Golu Kumar @ Suraj Kumar S/O Sanjay Sao @ Lambu @ Sanjay Saw R/O
                 Bankipur Gorakh, P.S.- Fatuha, District- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Anand, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 305 &

                   331(4) of the BNS.

                                3. The case of the prosecution, in short, is that

                   unknown miscreants have committed theft in the house of the

                   informant and took away cash, ornaments and other articles.

                                4. Learned counsel for the petitioner submits that he

                   has been remanded in this case from Fatua P.S. Case No. 199 of

                   2025. It has further been submitted that police has extracted his

                   confessional statement. Learned counsel for the petitioner has

                   further submitted that nothing has been recovered from the

                   possession of this petitioner. Save and except the confessional
            Patna High Court CR. MISC. No.8436 of 2026(2) dt.12-02-2026
                                                        2/2




                      statement of the petitioner there is nothing against him. It has

                      further been submitted that no TIP has been conducted. It has

                      further been submitted that similarly situated co-accused

                      Abhishek Kumar has been granted bail by learned Co-ordinate

                      Bench vide Cr. Misc. No. 6044 of 2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail and has

                      submitted that the petitioner is having criminal antecedent of 11

                      cases.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail with the condition that

                      the petitioner shall co-operate in the trial and shall mark his

                      weekly attendance in Fatuha P.S. The above named petitioner is

                      directed to be released on bail in connection with Fatuha P.S.

                      Case No. 199 of 2025 on furnishing bail bond of Rs.10,000/-

                      (ten thousand) with two sureties of the like amount each to the

                      satisfaction of ACJM-II, Patna city.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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