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
- Bhartiya Nyaya Sanhita, 2023 — s. 70(1)
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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