Patna High Court
Guddu Yadav @ Guddu KumarversusThe 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 subject to conditions.
Summary
Guddu Yadav was arrested in connection with a Bodhgaya police case alleging assault and attempted murder of an informant and his daughter under multiple IPC sections. The petitioner claimed he was falsely implicated, asserting the dispute was a family quarrel with no injury report and that he has a clean antecedent. The State opposed his pre‑arrest bail. The court examined the FIR, noted the familial relationship and lack of medical evidence, and concluded that the allegations did not establish a strong case to deny bail. Consequently, the court granted pre‑arrest bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS and verification of any other criminal antecedents.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the offences alleged in the FIR.
- Whether the absence of an injury report and the familial relationship affect the bail determination.
- Whether the allegations in the FIR constitute a prima facie case to deny bail.
- Whether Section 482(2) of the BNSS can be invoked to grant pre‑arrest bail.
Legislation cited
- BNSS — s. 482
- Indian Penal Code — s. 307, 323, 324, 325, 341, 427, 448, 504
Subjects
- pre‑arrest bail
- Indian Penal Code
- assault
- family dispute
- Section 482(2) BNSS
- clean antecedent
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14504 of 2026
Arising Out of PS. Case No.-206 Year-2024 Thana- BODHGAYA District- Gaya
======================================================
Guddu Yadav @ Guddu Kumar S/o- Rajendra Yadav Resident of Village-
Narkatiya, P.S.- Bodhgaya, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shafiuddin Ahmad, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard Mr. Shafiuddin Ahmad, learned counsel
appearing on behalf of the petitioner and Ms. Suman Kumari
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bodhgaya P.S. Case No. 206/2024 registered for the
offence(s) punishable under Sections
341,448,324,325,323,307,504,427 of the IPC.
3. As per the allegation made in the FIR, the
petitioner, along with other co-accused, with a common
intention to kill, assaulted the informant and his daughter.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and he has falsely
been implicated in the present case. The petitioner and the
informant are cousins and due to a trivial issue they indulged
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into hot talk which led to fight among them. Learned counsel
submitted that though there is an allegation against the
petitioner that he has assaulted the informant on the eyebrow by
means of a cycle chain, in the absence of any injury report on
record, the petitioner denies having assaulted the informant in
the manner alleged in the FIR. The petitioner has clean
antecedent. On these grounds, the 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 as, having perused the allegations made in
the FIR, I find that the informant and the petitioner are own
family members and, due to a wall called “dosti wall”, they
entered into a hot talk, in which the petitioner may have caused
some injury on the person of the informant in his self-defence.
The allegation of assault against the petitioner, that he has
assaulted the informant on the eyebrow by means of a cycle
chain, in the absence of any injury report on record, becomes of
no significance. I am of the opinion that the petitioner has,
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
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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 District Court where the case is pending /
Concerned Court in connection with Bodhgaya P.S. Case No.
206/2024, 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)
Ashishsingh/-
U T
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