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Patna High Court

Guddu GiriversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order denying bail is set aside and the appellant is to be released on bail.

Summary

Guddu Giri appealed against the denial of bail in a murder case (Pupri PS Case No. 434 of 2024) where the deceased was the son of an informant. The prosecution relied on a confessional statement of a co‑accused, a witness’s "last‑seen" testimony, and alleged that the appellant was present at the scene while intoxicated. The appellant contended that he was not named in the FIR, that the only incriminating material was the diary entry and the witness’s speculation, and that the autopsy suggested a possible accidental injury. The State opposed bail, citing five prior criminal cases against the appellant. The High Court, noting the lack of concrete evidence and the "general and omnibus" nature of the allegations, set aside the lower court’s order and granted bail on the conditions prescribed under the Bihar Narcotic Substances Act, 2023 and the SC/ST (Prevention of Atrocities) Act.

Issues considered

  • Whether the evidence on record establishes a prima facie case justifying the denial of bail under Sections 103 and 3(5) of the B.N.S., 2023 and Section 3(2)(v) of the SC/ST (P.O.A.) Act.
  • Whether the appellant’s alleged involvement, based solely on a confessional statement of a co‑accused and a witness’s last‑seen theory, warrants custodial detention.
  • Whether the appellant is entitled to bail despite alleged prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • murder
  • illicit liquor
  • SC/ST Act
  • confessional statement
  • last‑seen theory
  • criminal antecedent
  • judicial custody

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2184 of 2025
                       Arising Out of PS. Case No.-434 Year-2024 Thana- PUPRI District- Sitamarhi
                 ======================================================
                 Guddu Giri S/O Manoj Giri Resident of Village- Pupri, P.S.- Pupri, District-
                 Sitamahi

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Rani Devi W/O Shrawan Paswan Resident of Village- Pupri, P.S.- Pupri,
                 District- Sitamahi

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ravi Ranjan, Advocate
                 For the Respondent/s    :        Mr. Sanjay Kumar Pandey, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

6   15-01-2026                 Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 07.04.2025 passed by learned First

                   Additional Sessions Judge-cum-Special Judge, SC/ST (P.O.A.)

                   Act, Sitamarhi whereby the prayer for bail of the appellant in

                   connection with Pupri P.S. Case No. 434 of 2024 under Sections

                   103 and 3(5) of the B.N.S., 2023 and sections 3(2)(v) of SC/ST

                   (P.O.A.) Act.

                               3. The case of the prosecution in short is that Raja

                   Das, Santosh Thakur, Chhotu Kumar, and Ajay Kumar told the

                   son of the informant to bring illicit liquor, which was refused by
Patna High Court CR. APP (SJ) No.2184 of 2025(6) dt.15-01-2026
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          him. As the son of the informant did not return home till 09:00

          PM, Raja Das and two persons came to search for him, and on

          the next day the villagers said that a dead body was lying near

          the Brahma Asthan Railway line. The informant went there, and

          she found that the dead person was her son.

                       4. It is submitted by learned counsel for the appellant

          that appellant has been falsely implicated in this case due to

          village politics. Learned counsel for the appellant submits that

          the appellant is not named in the FIR; rather, his name has

          surfaced in Para-30 of the case diary. During the course of

          investigation, one witness namely, Raja Kumar has stated that

          the appellant, along with others, was going towards Brahma

          Asthan with the deceased. They were under the influence of

          intoxication, and this witness believes that they have killed the

          deceased. He also submits that one co-accused, namely, Binod

          Paswan, has given his confessional statement, and in his

          confessional statement also he has named this appellant. It has

          also been submitted that save and except the confessional

          statement and the suspicion of witness namely, Raja Kumar

          which is termed as the last-seen theory of the prosecution, there

          is nothing against the appellant. From perusal of the postmortem

          report, it is clear that the doctor conducting the autopsy of the
Patna High Court CR. APP (SJ) No.2184 of 2025(6) dt.15-01-2026
                                             3/4




          deceased has found only one injury on the person of the

          deceased i.e., a lacerated wound over the right forehead of size

          2”x1”x1/2” scalp deep with bleeding from both ears. The doctor

          has opined that, in my opinion, the cause of death was due to

          hemorrhage and shock leading to C.R. failure as a result of the

          above injury caused by a hard and heavy running object.

          Learned counsel for the appellant further submits that the cause

          of death as opined by the doctor conducting the autopsy also

          creates a chance of accident, as the injury is caused by a hard

          and heavy running object. He further submits that a similarly

          situated appellant, namely, Raja Das, has been allowed bail by

          the learned coordinate bench of this court passed in Criminal

          Appeal (SJ) No. 2684 of 2025. The case of this appellant stands

          on the same footing. Moreover, a statement has been made in

          para-3 of this petition that the appellant has got no criminal

          antecedent and he is languishing in judicial custody since

          07.01.2025.

                       5. The appeal for bail is opposed by learned Spl. P.P.

          for the State and learned counsel for the informant and

          submitted that the appellant is having criminal antecedent of

          five cases.

                       6. Having heard learned counsel for the parties and
           Patna High Court CR. APP (SJ) No.2184 of 2025(6) dt.15-01-2026
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                     taking into consideration that there is general and omnibus

                     allegation against the appellant, the Court is inclined to allow

                     this appeal. Accordingly, the appeal is allowed and the

                     impugned order dated 07.04.2025 is hereby set aside.

                                   7. The appellant is directed to be enlarged on bail in

                     connection with Pupri P.S. Case No. 434 of 2024 on furnishing

                     bail bond of Rs. 10,000/- (Rs. ten thousand only) with two

                     sureties of the like amount each to the satisfaction of the learned

                     First Additional Sessions Judge-cum-Special Judge, SC/ST

                     (P.O.A.) Act, Sitamarhi.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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