Dismissed¶20

Daya @ Golu Kumar v. The State of Bihar

Bail – second application

Patna HC1 Aug 2025CR. MISC./21330/2025

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Case brief

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What is this about?

Daya @ Golu Kumar; bail rejected; second bail application; Cr. Misc. No. 65284 of 2024 rejected 21.11.2024; CRIMINAL MISCELLANEOUS No. 21330 of 2025; P.S. Case No. 23 of 2024; Thana Nagar; District Vaishali; murder of Ram Prakash @ Tuntun shot 10.01.2024; Rishu Kumar confessional statement; criminal antecedents; charges framed; status report dated 28.06.2025; prosecution evidence pending; expedite trial; Sections 30(a) Bihar Prohibition and Excise Act; Rajiv Roy; 01-08-2025; Patna High Court; Krishna Prasad Singh Sr. Advocate; Sudha Advocate; Awadhesh Kumar Singh APP.

What did the court decide?

The bail application was rejected in view of the petitioner's criminal antecedents coupled with the findings that came against him in the investigation pursuant to the confessional statement of Rishu Kumar. ¶20

Daya @ Golu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶20

Issue for consideration

Whether the petitioner, whose earlier bail application (Cr. Misc. No. 65284 of 2024) was rejected on 21.11.2024, should now be granted bail in connection with the Vaishali case, given the allegation of his role narrated by Rishu Kumar, his criminal antecedents, and the stage of trial (charges framed, pending prosecution evidence).

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Court's answer

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Ratio / Principle

While rejecting bail, the Court directed the Trial Court to expedite the trial and ensure it is concluded at the earliest.

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Detailed headnote1 paragraphs

Bail — second application — rejected; trial to be expedited. Patna High Court (Rajiv Roy, J.), Criminal Miscellaneous No. 21330 of 2025, order dated 01-08-2025, arising out of P.S. Case No. 23 of 2024, Thana Nagar, District Vaishali. Petitioner Daya @ Golu Kumar, in judicial custody, had earlier moved this Court in Cr. Misc. No. 65284 of 2024, rejected on 21.11.2024 with batch cases; the present application was his second attempt. A status report dated 28.06.2025 recorded that charges stood framed against the accused persons and the trial was pending prosecution evidence. Learned APP opposed bail, submitting that Rishu Kumar had narrated the entire story including the petitioner's role, and that given the allegations and the petitioner's criminal antecedents he did not deserve bail. Considering the submissions, the criminal antecedent, and the findings against the petitioner in the investigation pursuant to the confessional statement of Rishu Kumar, the Court rejected the bail application and directed the Trial Court to expedite the trial and conclude it at the earliest. The custody paragraph records the offence as punishable under Sections 30(a) of the Bihar Prohibition and Excise Act (as printed); the FIR narrative alleges that Ram Prakash @ Tuntun was shot dead by unknown miscreants on the evening of 10.01.2024.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21330 of 2025

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Arising Out of PS. Case No.-23 Year-2024 Thana- NAGAR District- Vaishali

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======================================================

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Daya @ Golu Kumar S/O Arun Singh @ Arun Kumar Singh @ Arun Kumar R/O Village- Imadpur (Rahunathpur), P.S- Bhagwanpur, Distt.- Vaishali at Hajipur.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Ms.Sudha, Advocate For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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4 01-08-2025 Heard Mr. Krishna Prasad Singh, learned Senior

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Counsel for the petitioner and the State.

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The petitioner is in judicial custody in connection with P.S. Case No. of 2023 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act lodged on by the informant .

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As per the prosecution story, the informant alleged that in the evening of 10.01.2024, when his younger brother, Ram Prakash @ Tuntun was moving on a motorcycle, unknown miscreants stopped him and straight away shot at in his head, he died instantly. Thereafter, the Police sent the dead body for post mortem. This followed the rituals whereafter, the FIR.

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Learned Senior Counsel for the petitioner submits that earlier also the petitioner moved before this Court in Cr.

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Patna High Court CR. MISC. No.21330 of 2025(4) dt.01-08-2025 2/2

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Misc. No. 65284 of 2024 which was rejected on 21.11.2024 with batch cases. This is the second attempt.

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Considering that it was second time that the petitioner moved before this Court, report was called for which has come vide dated 28.06.2025, according to the report, the charge has been framed against the accused persons and is pending for prosecution evidence.

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Learned APP opposes the prayer stating that Rishu Kumar has narrated the entire story which included the role of this petitioner. As the charges have been framed, the matter will be taken to its logical conclusion at an earliest and the kind of allegation that has come against the petitioner coupled with the fact that he has number of criminal antecedents, he does not deserve bail.

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Considering the submissions as also the criminal antecedent that the petitioner has coupled with findings that has come against him in the investigation pursuant to the confessional statement of Rishu Kumar directing the Trial Court to expedite the trial and see to it that the same is concluded at an earliest, the bail application stands rejected.

Daya @ Golu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Daya @ Golu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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