Created by Fuzzy Cloud

Patna High Court

Guddu Kumar @ Guddu SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions.

Summary

Guddu Kumar filed an anticipatory bail application fearing arrest in a case (Maker PS Case No. 135 of 2024) involving alleged assault with an iron rod, charged under several IPC sections including 341, 323, 354, 325, 307, 379 and 504/34. The prosecution alleged that the petitioner attacked Anesha Kumari, the informant's daughter, causing a simple injury. The petitioner contended he was falsely implicated, had no prior criminal record, and the injury was minor. The State opposed bail. After hearing both sides, the Court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offences.
  • Whether the seriousness of the alleged assault and the charges under multiple IPC sections preclude the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • assault
  • Indian Penal Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23015 of 2026
                         Arising Out of PS. Case No.-135 Year-2024 Thana- MAKER District- Saran
                 ======================================================
                 Guddu Kumar @ Guddu Sharma S/o Valmiki Sharma @ Balmiki Sharma R/o
                 Village - Chandila, P.S - Maker, District - Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :        Mr.Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed         by the petitioner apprehending his arrest in

                   connection with Maker P.S. Case no. 135 of 2024 instituted for

                   the offence under Sections 341, 323, 354, 325, 307, 379 and

                   504/34 of the Indian Penal Code.

                                3. The case of the prosecution, in short, is that the

                   petitioner assaulted Anesha Kumari @ Nisha Kumari the

                   daughter of the informant, with an iron rod on her head.

                                4. Learned counsel for the petitioner has submitted

                   that petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that,

                   from perusal of the injury report, it transpires that Anesha
            Patna High Court CR. MISC. No.23015 of 2026(2) dt.08-05-2026
                                                        2/2




                      Kumari @ Nisha Kumari sustained only one injury, which has

                      been found to be simple in nature. It is further submitted that

                      there is also a counter-version of the occurrence and that the

                      petitioner has no criminal antecedent.

                                   5. Learned APP appearing for the State opposed the

                      prayer of bail of the petitioner.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this

                      Court is inclined to enlarge the petitioner on bail. The petitioner

                      is directed to surrender in the Court below within a period of

                      four weeks from today and in the event of his arrest or surrender

                      in connection with Maker P.S. Case no. 135 of 2024, he will be

                      enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                      ten thousand) with two sureties of the like amount each to the

                      satisfaction of learned Judicial Magistrate, 1st Class, Saran at

                      Chapra, subject to the conditions as laid down under section

                      438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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