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Patna High Court

Guddu Thakur @ Guddu Kumar ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
                                            3/4




          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/-

U      T


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