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Patna High Court

Guddu Kumar @ Guddu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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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