Patna High Court
Guddu Rai @ Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail cannot be granted where the petitioner is implicated in a double murder, faces serious allegations, has extensive criminal antecedents, and prima facie material exists against him.
Summary
The petitioner, Guddu Rai, sought regular bail in a case involving illegal sand mining and a double murder, charged under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. He was alleged to have fired the weapon that killed two persons and has been in custody since September 2025, with sixteen prior criminal convictions. The court noted the seriousness of the allegations, the existence of prima facie evidence linking him to the offence, and his extensive criminal antecedents. Considering these factors, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with the court emphasizing that its observations were limited to the bail application and not the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner given the double murder charge, serious allegations, and prior criminal antecedents.
- Whether the presence of prima facie material against the petitioner justifies denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- regular bail
- double murder
- illegal sand mining
- criminal antecedents
- IPC
- Arms Act
- prima facie evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20271 of 2026
Arising Out of PS. Case No.-210 Year-2024 Thana- KOILWAR District- Bhojpur
======================================================
Guddu Rai @ Guddu Kumar S/o- Late Bhikhari Rai Residentn of Village-
Rajapur Pachrukhiya PS- Babura, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Koilwar P.S. Case No. 210 of 2024 registered for the offence
under Sections 302/34 of the Indian Penal Code and Section 27
of the Arms Act.
3. The petitioner and others are involved in illegal
sand mining and in the firing made by the petitioner and others,
two persons from the opposite side were killed. The petitioner is
one of the persons who fired. He is in custody since 19.09.2025
and has 16 criminal antecedents. Some co-accused who faced
trial have already been acquitted.
4. The allegations against the petitioner are serious
Patna High Court CR. MISC. No.20271 of 2026(2) dt.30-04-2026
2/2
and grave in nature. There exists prima facie material against
the petitioner indicating his involvement in the commission of
the offence.
5. Considering the allegations levelled against the
petitioner and the fact that this is a case of double murder in
which the petitioner is one of the assailants as well as his
criminal antecedents, this Court is not inclined to grant regular
bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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