Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3124 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Golu Kumar S/o Shambhu Singh @ Shambhu Kumar R/o Village- Bhairwar, P.S.- Lakho, District- Begusarai ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Umesh Singh S/o Late Ramsagar Singh R/o Village- Bikrampur, P.S.- Cheriya Bariyarpur, District- Begusarai ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Pushpendra Kumar Singh, Advocate Mrs. Divya Bharti, Advocate For the State :
Mrs. Usha Kumari 1, Spl. P.P.
For Respondent No. 2 :
Mr. Subhesh Pandey, Advocate Mr. Amit Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2026 Heard learned counsel for the appellant, respondent no. 2 and the State.
2. This appeal has been filed against the order dated 10.07.2025 passed by learned Exclusive Special Judge, SC/ST(POA) Act, Begusarai in connection with Nawkothi P.S. Case No. 05 of 2025 registered under Sections 103, 61(2), 190, 191(3) of Bharatiya Nyaya Sanhita, Section 27 of the Arms Act and Sections 3(1)(r)(s), 3(2)(va) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for regular bail of appellant has been rejected.
Patna High Court CR. APP (SJ) No.3124 of 2025(4) dt.22-01-2026 2/3
3. According to the prosecution case, the informant is the proprietor of A-one Brick Kiln located at Pahsara and on 07.01.2025 at about 11-12 P.M., 7-8 unknown miscreants armed with weapons came to his brick kiln and brutally assaulted the workers.
4. Learned counsel for the appellant submits that appellant is not named in the F.I.R. and his name transpired during course of investigation on the basis of confessional statement of co-accused. During course of investigation, none of the labourers working at brick kiln have claimed to have seen this appellant committing the alleged offence. There is no allegation of abuse by caste name against the appellant. Charges have already been framed and appellant is in custody since 30.01.2025.
5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed the bail application.
6. Considering the nature of accusation and period of custody, this Court sets aside the impugned order and directs the release of above named appellant on bail on furnishing bailbond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special
Patna High Court CR. APP (SJ) No.3124 of 2025(4) dt.22-01-2026 3/3 Judge, SC/ST(POA) Act, Begusarai in connection with Nawkothi P.S. Case No. 05 of 2025.
(Prabhat Kumar Singh, J) Navya/- U T