Patna High Court
Guddu Kumar @ GudduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail.
Summary
Guddu Kumar was arrested in connection with a case involving multiple offences under the Bihar Penal Code, alleged to have assaulted an informant and his son during a land dispute. The petitioner claimed innocence, asserting the injuries were minor, the incident was self‑defence, and he has a clean criminal record. The State opposed the pre‑arrest bail application. The High Court examined the FIR, the nature of injuries, and the petitioner’s antecedents, and found a prima facie case for bail. Consequently, the Court ordered his release on pre‑arrest bail subject to a bond and sureties, with a condition that the order will lapse if further criminal antecedents are discovered.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious charges under sections 126, 115(2), 118, 109, 303(2), 352, 76, 351(3) and 3(5) of the Bihar Penal Code.
- Whether the nature of injuries and the petitioner’s clean antecedent justify the exercise of the Court’s inherent powers under Section 482(2) to grant bail.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 118, 126, 303(2), 3(5), 351(3), 352, 76
- Criminal Procedure Code (CrPC) — s. 482(2)
Subjects
- pre‑arrest bail
- Section 482
- Criminal Procedure Code
- land dispute
- self‑defence
- clean antecedent
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1117 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Guddu Kumar @ Guddu S/OVinod Rai R/O Vill- Etvarpur Sishaula,P.S-
Lalganj and Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dilip Kumar Singh, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 03-04-2026 Heard Mr. Dilip Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Satyendra Prasad,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Lalganj P.S. Case No. 145/2025 registered for the
offence(s) punishable under Sections 126, 115(2), 118, 109,
303(2), 352, 76 ,351(3) and 3(5) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioner with an intention
to kill had assaulted the informant and his son, causing injuries
on their body.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Learned counsel further
submitted that the petitioner and informant are own Gotia and
Patna High Court CR. MISC. No.1117 of 2026(3) dt.03-04-2026
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due to land dispute, an altercation took place between them and
both the sides entered into fierce fight and in the self-defence,
petitioner may have caused some injury on the persons of the
informant and his son but the injuries sustained by them are
simple in nature, as opined by the doctor. Petitioner has clean
antecedent. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well, having perused the allegation
made in the FIR and also the fact that the injuries sustained by
the informant and his son are simple in nature and the petitioner
has clean antecedent, I am of the opinion that petitioner has,
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M., Vaishali at Hajipur / Concerned
Court in connection with Lalganj P.S. Case No. 145/2025,
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subject to the conditions as laid down under Section 482(2) of
the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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