Golu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Golu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioners to be released on bail upon arrest or surrender within four weeks before the learned court below, on bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of learned ACJM-III, Barh, in connection with Bakhtiyarpur P.S. Case No. 50 of 2025, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, who apprehend arrest in Bakhtiyarpur P.S. Case No. 50 of 2025 (offences under Sections 126(2), 115(2), 74, 329(3), 352, 351(2), 351(3), 3(5) of the BNS), should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender within four weeks before the learned court below, the petitioners are to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned ACJM-III, Barh, in connection with Bakhtiyarpur P.S. Case No. 50 of 2025.

Ratio / Principle

The release on bail is made subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court allowed the prayer of two petitioners apprehending arrest in Bakhtiyarpur P.S. Case No. 50 of 2025 (District Patna), registered for offences punishable under Sections 126(2), 115(2), 74, 329(3), 352, 351(2), 351(3) and 3(5) of the BNS, arising from an FIR alleging use of filthy language towards the informant with intent to outrage her modesty. Petitioners directed to be released on bail, in the event of arrest or surrender within four weeks before the learned court below, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-III, Barh, subject to conditions under Section 438(2) Cr.P.C. Counsel's submissions noted: parties are agnates, of clean antecedents, and petitioner no. 2 has lodged a cross-case (Annexure-P/2); learned APP opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51411 of 2025

Arising Out of PS. Case No.-50 Year-2025 Thana- BAKHTIYARPUR District- Patna

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

Golu Kumar S/o Sachindra Rai @ Om Babu Resident Of Village- Ghoswari, PS- Bakhtiyarpur, Dist- Patna

Dipchand Kumar S/o Sunil Rai Resident Of Village- Ghoswari, PSBakhtiyarpur, Dist- Patna

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Adv. Mrs. Pragati Singh, Adv. Ms. Shivani Mishra, Adv. Ms. Vidhi Shree, Adv. For the Opposite Party/s : Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 11-02-2026

Heard learned counsel for the petitioners as well as

the learned APP for the State.

The petitioners apprehend their arrest in connection with Bakhtiyarpur P.S. Case No. 50 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 74, 329(3), 352, 351(2), 351(3), 3(5) of the BNS.

As per FIR, it is alleged that petitioner no. 1 and petitioner no. 2 used filthy language against the informant with the intent to outrage her modesty while she was going to her coaching institute with her friends. When the informant and her friends protested, they allegedly continued their misconduct.

Patna High Court CR. MISC. No.51411 of 2025(4) dt.11-02-2026 2/2

The learned counsel for the petitioner has submitted that both parties are agnates. They are the persons of clean antecedents. He has further submitted that petitioner no. 2 has also lodged a case, which is annexed as Annexure-P/2.

On the other hand, the learned APP for the State has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-III, Barh in connection with Bakhtiyarpur P.S. Case No. 50 of 2025, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J)

Nirmal/- U T