Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail and is ordered to be released upon furnishing the prescribed bail bond and sureties.
Summary
Guddu Kumar applied for bail in a criminal case (PS Case No. 646 of 2025) alleging offences under Sections 109, 140(3), 111 and 61(2) of the Bihar Negotiable Substances Act, 2023. The prosecution claimed that the petitioner had hired a contract killer for eight lakh rupees, based on the testimony of an apprehended accomplice. The petitioner contended that he was falsely implicated, that no injury occurred, and that a similarly situated co‑accused had previously been granted bail. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the court found the petitioner's arguments persuasive and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023
- Whether the petitioner’s prior criminal antecedent warrants denial of bail
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109, 111, 140(3), 61(2)
Subjects
- bail
- criminal procedure
- contract killing
- Bihar Negotiable Substances Act
- sections 109, 140(3), 111, 61(2)
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20702 of 2026
Arising Out of PS. Case No.-646 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Guddu Kumar S/o Late Ramanand Singh @ Ramanand Yadav R/o Sukulpur,
P.S.- Fatuha, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Kadamkuan P.S. Case No. 646 of 2025 registered for the offence
punishable under Sections 109, 140(3), 111, 61(2) of the B.N.S.,
2023.
3. The case of the prosecution, in short, is that certain
unknown miscreants have caught the informant. They were armed
with weapons. When the informant raised alarm, one of them was
apprehended, who was identified as Saurav Kumar, and he has
disclosed that this petitioner has arranged the contract killer at
eight lakh rupees.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.20702 of 2026(2) dt.17-04-2026
2/2
offence. He has been falsely implicated in this case. He also
submits that from perusal of the FIR, it is clear that only allegation
against the petitioner is that he has surrounded the informant and
fled away when the alarm was raised. He further submits that
nobody has received any kind of injury. He further submits that
similarly situated co-accused has been granted bail by the learned
coordinate bench of this court vide Cr. Misc. No. 84227 of 2025.
The case of this petitioner stands on similar footing. Moreover, the
petitioner is languishing in judicial custody since 18.10.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned District &
Additional Sessions Judge-XXXIII, Patna in connection with
Kadamkuan P.S. Case No. 646 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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