Akash Kumar @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38970 of 2026 Arising Out of PS. Case No.-136 Year-2026 Thana- ALAMGANJ District- Patna ====================================================== Akash Kumar @ Golu S/o - Sunil Yadav R/o mohalla - Ward no- 72, P.S - didarganj, Dist -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2026 Heard Mr. Pramod Kumar, learned counsel for the petitioner as well as Mr. Md. Fahimuddin, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 10.02.2026 in connection with Alamganj P.S. Case No. 136 of 2026, F.I.R. dated 10.02.2026 for the offences punishable under Sections 111, 61(2) of the Bharatiya Nyay Sanhita, 2023 and 25(1B)(a), 26, 35 of the Arms Act.
3. Allegation against the petitioner is that he along with other accused persons were planning to commit murder of Suraj Bhainsiya and Sunil Bhainsiya due to ongoing land disputes and prior enmity.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is
Patna High Court CR. MISC. No.38970 of 2026(2) dt.23-06-2026 2/3 false and fabricated. It appears from the FIR that on the basis of confessional statement of co-accused Badal Kumar, arms were recovered from the possession of co-accused, Jitendra Kumar and from the house of Badal Kumar. It appears from the seizure list that no incriminating articles have been recovered from the possession of this petitioner only one mobile phone was recovered from his possession, so no case is made out under Arms Act. He next submits that co-accused person, namely, Jitendra Kumar has been granted the privilege of bail by the co-ordinate Bench of this Court vide order dated 20.05.2026 in Cr. Misc. No. 34342 of 2026. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 10.02.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and no incriminating articles have been recovered from his possession and co-accused person has been granted the privilege of bail by the co-ordinate Bench of this Court let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.38970 of 2026(2) dt.23-06-2026 3/3 Additional Chief Judicial Magistrate-VI, Patna City in connection with Alamganj P.S. Case No. 136 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T