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Patna High Court

Guddu Kumar @ Gudu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Guddu Kumar, applied for bail in a case registered under Section 70(1) of the Bhartiya Nyaya Sanhita, 2023, alleging his involvement in a gang rape of a minor. The trial court had already examined four out of seven witnesses, indicating substantial evidence against him. The High Court noted the seriousness of the allegation involving a minor and the presence of direct, specific accusations. Considering these factors, the court was not inclined to grant bail. Consequently, the bail petition was rejected. The court clarified that its observations were prima facie and limited to the bail application, without prejudice to the trial's merits.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged gang rape of a minor under Section 70(1) of the Bhartiya Nyaya Sanhita, 2023

Legislation cited

Subjects

  • bail
  • gang rape
  • minor
  • Section 70(1) Bhartiya Nyaya Sanhita
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25529 of 2026
                   Arising Out of PS. Case No.-90 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Guddu Kumar @ Gudu Kumar S/o Lalit Ram Resident of Village- Gopalpur,
                 P.S.- Manner, District- Patna (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhananjay Kumar, Adv.
                 For the Opposite Party/s :      Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   14-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Mukhdumupr P.S. Case

                   No. 90 of 2025 registered for the offences punishable under

                   Section 70(1) of the Bhartiya Nyaya Sanhita, 2023.

                               3. The allegation is that the petitioner along with

                   others committed gang rape upon the minor girl of the

                   informant.

                               4. Considering that there is direct and specific

                   allegation against the petitioner of having committed gang rape

                   upon a minor girl and the impugned order shows that out of

                   seven four witnesses have already been examined during trial,

                   this court is not inclined to grant bail to the petitioner.

                                5. Accordingly, the prayer for the bail of the
               Patna High Court CR. MISC. No.25529 of 2026(3) dt.14-05-2026
                                           2/2




           petitioner is rejected.

                     6. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of           adjudication of             the    present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                          (Ansul, J)
Vikash/-

U      T


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