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, a 19‑year‑old with no prior criminal record, applied for regular bail in a case registered under sections 87 and 96 of the Bharatiya Nyaya Sanhita. He was not named in the FIR and the investigation produced statements from three girls, recorded under section 180, denying his involvement; one girl even claimed a consensual relationship and marriage with him. The petitioner argued that only suspicion existed against him and that he had been in custody since 5 August 2025. The State opposed the bail. Considering the petitioner’s young age, clean antecedent, and the victims’ statements, the court ordered his release on bail upon furnishing a bond of Rs. 20,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the petitioner in offences punishable under sections 87 and 96 of the Bharatiya Nyaya Sanhita given the facts of the case
Legislation cited
- Bharatiya Nyaya Sanhita — s. 180, 87, 96
Subjects
- bail
- criminal procedure
- section 87 BNSS
- section 96 BNSS
- section 180 BNSS
- minor
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90193 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- Fekla District- Darbhanga
======================================================
Golu Kumar Son of Bablu Yadav @ Babalu Yadav Resident of Village-
Baruara, P.S.- Fekla, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Adv.
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Fekla P.S. Case No. 68 of 2025 registered for the offences
punishable under sections 87 and 96 of the Bharatiya Nyaya
Sanhita.
3. The main submissions advanced by petitioner’s
counsel are that the petitioner is not named in the FIR, only
suspicion has been raised against him and during investigation
several witnesses have not said anything against him, in fact the
three girls were recovered from Darbhanga Railway station and
they recorded their statement under section 180 of BNSS in
which they denied the role of the petitioner in their missing. It is
further submitted that the said three girls are major and one of
them, namely Kamli Kumari, recorded her statement under
Patna High Court CR. MISC. No.90193 of 2025(2) dt.13-01-2026
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section 180 of BNSS wherein she stated that she was having love
affair with the petitioner and she left her parental house on her
own will and she solemnized her marriage with him. It is lastly
submitted that the petitioner is a 19 year old boy, bears no
criminal antecedent and has been languishing in jail since
05.08.2025.
4. Learned APP for the State has opposed the prayer of
the petitioner.
5. Considering the above submissions, the averments
made in this application and mainly taking into account the
petitioner’s young age, his fair and clean antecedent coupled with
the statements of the victims recorded under section 180 of
BNSS, 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 Fekla P.S. Case No. 68 of 2025.
(Shailendra Singh, J)
annu/-
U T
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