Patna High Court
Guddu Kumar @ Guddu SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
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