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Patna High Court

Guddu Rai @ Vishwanath RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions.

Summary

Guddu Rai, the petitioner, was named in an FIR for assaulting an informant with the butt of a pistol in a neighbourhood dispute, alleged under multiple sections of the Bhartiya Nyay Sanhita, 2023. He contended that the incident was a mutual fight, that no firing occurred, and that the alleged grievous injury was caused by a co‑accused, not him. The petitioner sought anticipatory bail, arguing lack of intent to cause death. The State opposed the bail. The Court examined the factual submissions and noted the absence of any allegation of firing against the petitioner, concluding that prima facie there was no intention to cause death. Consequently, the Court ordered that the petitioner be granted anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the allegations under the Bhartiya Nyay Sanhita.
  • Whether the alleged assault with the butt of a pistol demonstrates an intention to cause death.
  • Whether Sections 438 of the Cr.P.C. and 482 of the Bhartiya Nagarik Suraksha Sanhita are applicable for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • firearm
  • intention to cause death
  • criminal procedure
  • Bhartiya Nyay Sanhita
  • Bhartiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28048 of 2026
                    Arising Out of PS. Case No.-10 Year-2026 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Guddu Rai @ Vishwanath Rai son of Raja Gop @ Rajendra Rai Resident of
                 village - Rani tol, ward No 12, Ps- Bachhwara, Dist- Begusarai
                                                                                ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prabhat Kumar, Advocate
                 For the Opposite Party/s :      Mr.Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-05-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Bachhwara P.S. Case

                   No. 10 of 2026 registered for the offences punishable under

                   Sections 115(2), 126(2), 303(2), 109, 119(1), 74, 352, 351(2),

                   351(3) & 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the

                   ‘B.N.S.’).

                             3. The allegation against the petitioner is to assault the

                   informant by using butt of the pistol due to neighbourhood

                   dispute and differences.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that the occurrence was free-fight in nature where

                   both parties received injuries and for same set of occurrence

                   petitioner has also lodged a case, which was registered as
Patna High Court CR. MISC. No.28048 of 2026(2) dt.01-05-2026
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          Bachhwara P.S. Case No. 12 of 2026. It is pointed out that

          allegation of firing is not available against the petitioner. It was

          submitted that assault was made by the butt of pistol, which

          negate prima facie intention to cause death of the informant. It

          is submitted that the thrust of allegation to cause head injury,

          which found grievous in nature, is available against co-accused

          persons namely, Sanjay Rai @ Chaniya, who is not the

          petitioner for the present.

                   5.    While      concluding       argument,   learned   counsel

          submitted that petitioner involved in one more criminal case,

          where he is on bail.

                   6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as allegation of firing is not available

          against the petitioner which prima facie negate intention to

          cause death of the informant, accordingly, above-named

          petitioner, in the event of his arrest/surrender within a period of

          four weeks from this order, is directed to be enlarged on bail on

          furnishing of bail bond of Rs.10,000/- (ten thousand only) with

          two sureties of the like amount each to the satisfaction of

          learned Chief Judicial Magistrate, Begusarai /concerned court in
           Patna High Court CR. MISC. No.28048 of 2026(2) dt.01-05-2026
                                                       3/3




                     connection with Bachhwara P.S. Case No. 10 of 2026, subject to

                     the conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

                     (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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