Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Golu Kumar was arrested and remanded from one police case to another on the basis of a confessional statement, which the petitioner contended had no evidentiary value. The FIR alleged theft of various household items, but the police failed to establish a link between the recovered articles and those described in the FIR. The petitioner, who had been in custody since 18 March 2025, sought regular bail for offences under sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita. The State opposed bail but admitted the police had not identified the recovered items. Considering the lack of evidentiary support, the procedural lapses, and the length of custody, the Court granted bail on a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether the confessional statement, lacking evidentiary value, justifies continued detention.
- Whether the police failure to identify recovered articles defeats the prosecution's case for bail denial.
- Whether the petitioner is entitled to regular bail under sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita given the circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 305(a), 331(4)
Subjects
- regular bail
- confessional statement
- evidentiary value
- police investigation
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89016 of 2025
Arising Out of PS. Case No.-115 Year-2025 Thana- NAWADA District- Nawada
======================================================
Golu Kumar Son of Late Anil Singh, R/o Village/Mohalla - Aadarsh Colony,
Patel Nagar, Nawada, P.S - Nawada, Dist - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Adv.
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Nawada Town P.S. Case No. 115 of 2025 registered for the
offences punishable under sections 331(4) and 305(a) of the
Bharatiya Nyaya Sanhita.
3. The main submissions advanced by petitioner’s
counsel are that the petitioner was remanded in the present matter
from Nawada Town P.S. Case No. 113 of 2025 on the basis of his
confessional statement, which has no evidentiary value and it has
been alleged that from the petitioner’s house, battery, TV, paint,
wire, etc. were recovered though in the FIR the informant alleged
that from his house, battery, inverter, stabilizer, two gas
cylinders, TV, silver ornaments, etc. were stolen but the police
did not take any step to establish the connection in between the
Patna High Court CR. MISC. No.89016 of 2025(2) dt.12-01-2026
2/2
household articles which have been recovered from the house of
the petitioner and the articles shown in the FIR, so, there is no
evidentiary value in respect of the household articles which are
said to have been recovered from the petitioner’s house. It is
lastly submitted that the petitioner has suffered a lot as he has
been languishing in jail since 18.03.2025.
4. Learned APP for the State has opposed the prayer of
the petitioner but fairly accepts that the police did not take any
step for identification of the household articles recovered from
the petitioner’s house and the articles shown as being stolen from
the informant’s house.
5. Considering the above submissions, averments
made in this application and mainly the aforesaid defence of the
petitioner, coupled with his custody period, this Court is inclined
to release him on bail. Accordingly, let the petitioner named-
above be released on bail on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the court concerned in connection with
Nawada Town P.S. Case No. 115 of 2025.
(Shailendra Singh, J)
annu/-
U T
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