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Patna High Court

Guddu Kumar @ Guddu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the simple injury, family relationship and prolonged pre‑trial detention, the petitioner is entitled to regular bail.

Summary

Guddu Kumar was arrested for allegedly assaulting his brother with a dagger, charged under sections 126(2), 115(2), 118(1), 109 and 352 of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming false implication and that the injury was simple. The State opposed the bail. The court examined the FIR, the familial relationship, the simple nature of the injury and the fact that the petitioner had been in custody since 22‑12‑2025. Finding no grave threat to public safety and noting the prolonged pre‑trial detention, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Additional Chief Judicial Magistrate‑IV, Patna City.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under sections 126(2), 115(2), 118(1), 109 and 352 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the simple nature of the injury and the familial relationship justify granting bail.
  • Whether the period of pre‑trial custody (since 22‑12‑2025) warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • assault
  • family dispute
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • simple injury
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24003 of 2026
                      Arising Out of PS. Case No.-328 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Guddu Kumar @ Guddu Paswan S/o Devi Paswan R/o Moh.- Mangal
                 Akhada, Kali Asthan, P.S- Malsalami, Dist- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   16-04-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Malsalami P.S. Case no.

                   328 of 2025 registered under sections 126(2), 115(2), 118(1),

                   109 and 352 of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, over a dispute between

                   the family members, the petitioner is said to have assaulted his

                   full brother with a dagger causing injuries.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. From the contents

                   of the FIR, it would transpire that it is a family dispute which has

                   been blown out of proportion. The injury has been caused in a

                   manner other than what has been described in the FIR. In any case of

                   the matter, the injury has been found to be simple in nature. The
           Patna High Court CR. MISC. No.24003 of 2026(2) dt.16-04-2026
                                                       2/2




                     petitioner is in custody since 22.12.2025 and chargesheet has been

                     submitted in the case.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations in the FIR, the

                     relationship between the parties, the injury having been found to

                     be simple in nature and the petitioner having remained in

                     custody since 22.12.2025, the Court directs the petitioner to be

                     enlarged on bail in connection with Malsalami P.S. Case no. 328 of

                     2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                     with two sureties of the like amount each to the satisfaction of the

                     learned Additional Chief Judicial Magistrate-IV, Patna City,

                     Patna.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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