Patna High Court
Guddu Thakur @ Guddu Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail may be granted subject to the conditions imposed by the court.
Summary
Guddu Thakur was arrested in connection with a case alleging extortion, threats to kill, and related offences under Sections 316(2), 308(2), 303(2), 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner received Rs. 5,000 from an informant, returned a motorcycle key, and later threatened the informant to flee. The petitioner contended that he was falsely implicated, that the informant was a criminal who attempted extortion, and that no demand for money was made by him. The State opposed bail, citing the seriousness of the charges and the petitioner’s prior custody. After considering the facts and submissions, the court granted bail on a cash bond of Rs. 10,000 with two sureties, imposing several conditions including regular court appearances and non‑tampering with evidence. The order also required a blood‑relative bailor and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted in a case involving offences of extortion, threat to kill and other serious charges under the Bhartiya Nyaya Sanhita, 2023
- Whether the petitioner poses a flight risk or a danger to the investigation
- Whether the conditions imposed are sufficient to ensure the petitioner’s cooperation with the trial
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 308(2), 316(2), 351(2), 352
Subjects
- bail
- extortion
- threat to kill
- criminal procedure
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2909 of 2026
Arising Out of PS. Case No.-308 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Guddu Thakur @ Guddu Kumar Thakur, S/o- Vijay Thakur, Resident of
Village- Dullipatti, P.S.- Jaynagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Jaynagar P.S. Case No. 308 of 2025 dated 11.09.2025 instituted
for the offence punishable under Sections 316(2), 308(2),
303(2), 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant gave Rs.
5000/- to Guddu Thakur. On 26.08.2025 at about 12:00 Noon,
the petitioner called the informant to his house to return the said
amount and asked him to give the key of this motorcycle
bearing Reg. No. BR32AV7871. The informant gave him the
key of the motorcycle. It is further alleged that after two hours,
the petitioner called the informant and said him to flee from his
house otherwise he will kill and also he will not return the
Patna High Court CR. MISC. No.2909 of 2026(3) dt.23-02-2026
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motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that the
petitioner and the informant are friend and well-acquainted with
each other. It is further submitted that the informant himself is a
criminal and he had come to the house of the petitioner on his
motorcycle and demanded extortion but the petitioner refused
and assaulted the informant, due to which he fled away leaving
his motorcycle. From perusal of the F.I.R., it appears that the
informant himself gave the motorcycle to the petitioner which
was also seized from the house of the petitioner. There is no
allegation that the petitioner demanded Rs. 5000/- from the
informant. Lastly, it has been submitted that the petitioner is in
custody since 18.10.2025 having three criminal cases against
him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.2909 of 2026(3) dt.23-02-2026
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each to the satisfaction of the learned C.J.M., Madhubani in
connection with Jaynagar P.S. Case No. 308 of 2025, subject to
the following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
Patna High Court CR. MISC. No.2909 of 2026(3) dt.23-02-2026
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5. The petitioner within two weeks after his release
from custody shall appear before the local police
station along with a copy of this order and
thereafter shall appear in the first week of every
month to mark his attendance till framing of
charge.
(Khatim Reza, J)
premchand/-
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