Patna High Court
Guddu Kumar @ Guddu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 352
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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