Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as there is no specific allegation of assault against the petitioner and he has a clean antecedent.
Summary
Guddu Kumar was arrested on 28-12-2025 in connection with a case involving multiple offences under the B.N.S., 2023, alleged to have helped release an apprehended co-accused. The petitioner pleaded that he has a clean antecedent and that the FIR contains only a general allegation against all accused, with no specific charge of assault or overt act against him. The State opposed bail, but the court noted the absence of specific allegations and the petitioner's clean record. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence or witnesses, and verification of antecedents. The bail order also stipulated cancellation if the petitioner fails to appear on two consecutive dates without sufficient reason.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the charges and lack of specific allegation of assault
- Whether the petitioner's clean antecedent warrants bail despite the serious offences listed
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 121(1), 126(2), 132, 190, 191(2), 191(3), 263, 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- clean antecedent
- release of co-accused
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16832 of 2026
Arising Out of PS. Case No.-126 Year-2025 Thana- NAYA RAM NAGAR District- Munger
======================================================
Guddu Kumar S/o Chandradev Yadav R/o Village- Kanhaiya Chak Patam,
P.S- Naya Ram Nagar, Dist- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jyoti Ranjan Jha, Advocate
For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Jyoti Ranjan Jha, learned counsel for the
petitioner and Mr. Dr. Mrityunjaya Kr. Gautam, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
28.12.2025, in connection with Naya Ram Nagar P.S. Case No.
126 of 2025, F.I.R. dated 28.12.2025 registered for the offences
punishable under Sections 126(2), 115(2), 191(2), 191(3), 190,
263, 117(2), 109, 121(1), 132, 352, 351(2), 351(3) of the B.N.S.,
2023.
3. Allegation against the petitioner is that he along
with other co-accused persons managed to release the
apprehended co-accused person from the place of occurrence.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.16832 of 2026(2) dt.17-03-2026
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implicated in the present case. He further submits that it
appears from the F.I.R. that there is no specific allegation of any
assault or overt act attributed against the petitioner rather there
is general and omnibus allegation against all the accused
persons inlcuding the petitioner. As per allegation, petitioner
and other co-accused persons managed to release the
apprehended person from the place of occurrence and petitioner
was one of the person who was gathered along with other co-
accused persons and the petitioner is in custody since
28.12.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there
is no specific allegation of any assault or overt act against the
petitioner, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1st Class, Munger in connection
with Naya Ram Nagar P.S. Case No. 126 of 2025, subject to the
following conditions :-
Patna High Court CR. MISC. No.16832 of 2026(2) dt.17-03-2026
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(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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