Patna High Court
Guddu Kumar @ Guddu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail is granted to the petitioners with conditions under Section 438(2) of the CrPC.
Summary
The petitioners, Guddu Kumar and Vinod Chaudhary, sought anticipatory bail in connection with FIR No.99 of 2025 alleging offences under several sections of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that the accused, armed with iron rods, assaulted the informant's family and stole gold ornaments. The petitioners argued they have a clean antecedent and that the injury to the informant's son was minor, arising from a petty dispute. The Additional Public Prosecutor opposed the bail, emphasizing the seriousness of the charges. The Court, noting the petitioners' clean record, the simple nature of the injury, and the presence of a case‑counter‑case, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and specific conditions under Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure given the nature of the alleged offences.
- Whether the petitioners' clean antecedent and the simple nature of the injury justify bail despite the seriousness of the charges.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126, 190, 191(2), 303(2), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- clean antecedent
- simple injury
- Bihar Narcotic Substances Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18226 of 2026
Arising Out of PS. Case No.-99 Year-2025 Thana- PALIGANJ District- Patna
======================================================
1. Guddu Kumar @ Guddu Chaudhary Son of Bachchan Chaudhary @ Bachan
Chaudhary
2. Vinod Chaudhary @ Binod Kumar Son of Amarnath Chaudhary @ Baijnath
Chaudhary.
Both Resident of Village - Milki, P.S.- Paliganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr.Ashok Kumar Sinha, learned counsel for
the petitioners and Mr.Jai Narain Thakur, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Paliganj P.S.Case No.99 of 2025, FIR dated
20.02.2025 registered for the offences punishable under
Sections 191(2), 190, 126, 115(2), 109, 303(2), 352, 351(3) of
BNS, 2023.
3. As per prosecution case, all accused persons named
in the FIR who were armed with iron rod and deadly weapons
came at the house of the informant and assaulted his family
members. They also snatched their gold ornaments.
Patna High Court CR. MISC. No.18226 of 2026(2) dt.17-04-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent. It appears from the FIR that
due to some petty dispute the present occurrence had taken
place. There is case and counter case. Although there is specific
allegation against the petitioners that they have assaulted to the
son of the informant, namely, Sunny Kumar and he has received
the injury but the injury report of the son of the informant
suggests that the injury is simple in nature caused by hard and
blunt object.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for anticipatory bail of the
petitioners.
6. Considering the aforesaid facts, petitioners have
clean antecedent, injury inflicted upon the injured person is
simple in nature and there is case and counter case, let the
petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs.10,000 (Ten Thousand)each with two
sureties of the like amount each to the satisfaction of learned
Sub Divisional Judicial Magistrate, Danapur, Patna in
connection with Paliganj P.S.Case No.99 of 2025,subject to the
Patna High Court CR. MISC. No.18226 of 2026(2) dt.17-04-2026
3/3
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure and with other following conditions:-
(I) Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Nitesh/-
U T
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