Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that mere presence at the scene without any overt act and the absence of the petitioner’s name in the FIR, together with his clean record, warrant the grant of regular bail.
Summary
Guddu Kumar was arrested in connection with a murder case (PS Sonbarsa Case No.146 of 2025) where the husband of an informant was killed. The FIR named nine accused but did not mention Kumar; only a later re‑statement of the informant alleged his presence at the scene, without any overt act. Kumar, who has no prior criminal record, applied for regular bail, arguing innocence and that similar co‑accused had been released on bail. The State opposed the bail on the ground of the serious nature of the offences (sections 190, 191(2)(3), 115(2), 118(1), 303(2), 103(1) of the BNS and Section 27 of the Arms Act). The High Court, considering the lack of direct allegation, the petitioner’s clean record and the precedent of bail to a co‑accused, granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being only mentioned in a re‑statement and not in the FIR.
- Whether the seriousness of the offences under the BNS and the Arms Act precludes the grant of bail.
- Whether the petitioner’s lack of criminal antecedents and mere presence at the scene justify bail.
Legislation cited
Subjects
- regular bail
- criminal procedure
- BNS sections
- Arms Act
- presence at crime scene
- no antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14345 of 2026
Arising Out of PS. Case No.-146 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Guddu Kumar, Son of Satynarayan Mahto, R/o Village - Ward no. 1, Rohua,
P.S. -Sonbarsa @ Sonbrsa, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 190, 191 (2)
(3), 115 (2), 118 (1), 303 (2) and 103 (1) of the BNS and Section
27 of the Arms Act.
3. The case of the prosecution, in short, is that the
husband of the deceased had gone with Amit Kumar and
Abhishek Baitha towards Sitamarhi. As the informant suspected
that some untoward incident might take place, she along with
her brother-in-law also proceeded on a bike towards Rohua and
upon they reached near village-Rohua, she found that nine
persons are present there. It is alleged that Chandan Mahto was
armed with ‘dabia’ and assaulted the husband of the informant
Patna High Court CR. MISC. No.14345 of 2026(2) dt.25-02-2026
2/3
with the same, as a result of which he succumbed to the injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that on a
bare perusal of the FIR, it is clear that though nine persons have
been named in the FIR but the name of this petitioner does not
find place there. During the course of investigation, the
informant in her restatement stated that the petitioner was also
present at the place of occurrence. It is further submitted that the
only role attributed to the petitioner in re-statement of
informant is that he was merely present there and no overt act
has been alleged against him. Moreover, the petitioner is
languishing in judicial custody since 22.08.2025 having no
criminal antecedent. It has also been submitted that similarly
situated co-accused Sumit Kumar has been granted bail by this
Court vide Cr. Misc. No. 1640 of 2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Sonbarsa P.S. Case No. 146 of 2025 on
Patna High Court CR. MISC. No.14345 of 2026(2) dt.25-02-2026
3/3
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate 1st Class, Sitamarhi.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…