Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner.
Summary
Guddu Kumar, a 22‑year‑old, was arrested in connection with a robbery and assault on 26‑05‑2025, for which the prosecution charged him under Section 309(6) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner contended that he was not named in the FIR and was implicated only on the basis of a mobile‑SIM location trace, having purchased the phone from a co‑accused without knowledge of its illicit origin. He argued that no T.I.P. was conducted, the alleged firing was not linked to him, and his confessional statement was inadmissible; he also highlighted his young age, a single prior case for which he is already on bail, and his willingness to cooperate with the trial. The State opposed bail, citing the seriousness of the offences. The Court, after considering the lack of direct evidence against the petitioner, the nature of the allegations, and the period of custody already endured, ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner under the circumstances of the alleged offences and the evidentiary material presented?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 309(6)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- assault
- theft
- mobile SIM evidence
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19489 of 2026
Arising Out of PS. Case No.-341 Year-2025 Thana- VAISHALI District- Vaishali
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Guddu Kumar Son of Ganesh Mahto R/o Village - Mungauli Saraiya, P.S. -
Saraiya, Dist. - Muzaffarpur. ... ... 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. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offences punishable under Section 309(6) of Bharatiya
Nyaya Sanhita and Section 27 of the Arms Act.
3. As per the prosecution case, on 26.05.2025,
informant was going on motorcycle bearing Reg. No. BR06-AT-
3046. When he reached near Dagariya Baba, two persons riding
on Splendor motorcycle, stopped him and assaulted him with
butt of pistol. It is further alleged that the miscreants took away
the motorcycle of the informant along with Rs.8000/-, driving
license, mobile phone and other documents.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. On the basis of the tower
location of Sim No. 7070230180, petitioner has been
apprehended in this case. Further submission is that petitioner
purchased the said mobile from co-accused Rahul Kumar, who
Patna High Court CR. MISC. No.19489 of 2026(3) dt.13-05-2026
2/2
is his co-villager and petitioner had no knowledge regarding the
status of mobile. Petitioner was not involved in the occurrence,
only on the basis of suspicion, he has been implicated in this
case. Learned counsel next submits that no T.I.P. has been
conducted in this case. Allegation of firing is not against the
petitioner. The confessional statement of the petitioner has no
value in the eyes of law. Petitioner has got one criminal
antecedent in which he is on bail. Petitioner is a young boy,
aged about 22 years, and he is in custody since 02.02.2026.
Petitioner undertakes to co-operate in the trial.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, nature of allegation and period of custody
undergone, let the above named petitioner be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court
in connection with Vaishali P.S. Case No. 341 of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
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