Created by Fuzzy Cloud

Patna High Court

Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Guddu Kumar was arrested on 25 April 2025 in connection with a case involving the assault and shooting of an informant's father‑in‑law, alleged under Sections 311 and 312 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he has a clean antecedent, is not named in the FIR, and was implicated only through a co‑accused's confessional statement. The prosecution opposed bail, while the petitioner highlighted that co‑accused in the same case had already been granted bail. The court examined the facts, noted the petitioner’s clean record and lack of direct naming in the FIR, and considered the principle of bail for non‑violent offences. Consequently, the court ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Additional Chief Judicial Magistrate‑II, Gaya.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 311 and 312 of the Bharatiya Nyaya Sanhita, 2023, given his alleged non‑involvement and clean antecedent.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Sections 311
  • Sections 312
  • false implication
  • clean antecedent
  • Bharatiya Nyaya Sanhita

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.2085 of 2026
                     Arising Out of PS. Case No.-150 Year-2025 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Guddu Kumar Son of Sitaram Yadav Resident of Village- Somiya, P.S.-
                 Barachatti, Distrtict- Gaya

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Aryan Singh, Advocate
                 For the Opposite Party :        Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-01-2026                 Heard Mr. Aryan Singh, learned counsel for the

                   petitioner and Mr. Lalan Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   25.04.2025 in connection with Barachatty P.S. Case No. 150 of

                   2025, F.I.R. dated 25.04.2025 for the offences punishable under

                   Sections 311 and 312 of the Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, while the informant

                   has been carrying garlic in a pickup van, the vehicle suffered a

                   puncture. While the informant and his father-in-law had been

                   changing tyre, some miscreants came there and tried to drag

                   away the informant and in the scuffle the clothes of the

                   informant was torn. The miscreants also assaulted the father-in-

                   law of the informant and later on, shot him.
Patna High Court CR. MISC. No.2085 of 2026(2) dt.20-01-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. The petitioner is not named

          in the F.I.R.. The name of the petitioner has been surfaced on the

          basis of the confessional statement of the co-accused person,

          namely, Vinay Kumar. He further submits that, co-accused

          persons, namely, Suryadeo Kumar and Vinay Kumar have been

          granted bail by a co-ordinate Bench of this Hon’ble Court vide

          order dated 15.01.2026 passed in Cr. Misc. No. 1026 of 2026

          and Cr. Misc. No. 1366 of 2026 respectively. He further submits

          that the police after investigation submitted the charge sheet

          against the petitioner. The petitioner is in custody since

          25.04.2025.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          as well as petitioner having clean antecedent and he is not

          named in the FIR, let the petitioner, above named, 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
             Patna High Court CR. MISC. No.2085 of 2026(2) dt.20-01-2026
                                                         3/3




                       the learned Additional Chief Judicial Magistrate-II, Gaya in

                       connection with Barachatty P.S. Case No. 150 of 2025, subject

                       to the following conditions:-

                                    i. Petitioner 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 his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers 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 petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. 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)
atul/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.