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Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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