Patna High Court
Guddu GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act, 2023 — s. 103, 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
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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