Patna High Court
Guddu Sah @ Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that no fresh ground existed to grant bail and consequently rejected the bail petition.
Summary
The petitioner, Guddu Kumar, sought bail in a criminal case (PS Case No. 70 of 2024) for offences under Sections 376 and 34 of the Indian Penal Code. The High Court had earlier rejected his bail on 15‑10‑2025 after considering the victim's statement recorded under Section 164 of the Cr.P.C. The petitioner argued that he had been in judicial custody since 11‑05‑2025 without any trial witnesses being examined and that there were no fresh grounds for bail. The State opposed the bail application. The Court found no new material or fresh ground to revisit the earlier decision and therefore rejected the bail petition again, directing the trial court to complete the trial within six months, after which the petitioner may file a fresh bail application. The order effectively keeps the petitioner in custody pending trial.
Issues considered
- Whether the petitioner is entitled to bail in a case involving rape (Sec. 376 IPC) and common intention (Sec. 34 IPC) after a victim's statement under Sec. 164 Cr.PC.
- Whether any fresh ground exists to reconsider the earlier bail rejection.
Legislation cited
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 34, 376
Subjects
- bail
- rape
- IPC
- Criminal Procedure Code
- judicial custody
- trial delay
- Section 164
- Section 376
- Section 34
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32162 of 2026
Arising Out of PS. Case No.-70 Year-2024 Thana- GHORASAHAN District- East
Champaran
======================================================
Guddu Sah @ Guddu Kumar S/o Late Shyam Sundar Sah Resident of
Village- Purnahiya, P.S.- Ghyorasahan, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Ghorasahan P.S. Case No. 70 of 2024 instituted for the offences
under Sections 376, 34 of the Indian Penal Code.
3. Earlier, vide order dated 15.10.2025 passed in Cr.
Misc. No. 51041 of 2025, regular bail of the petitioner was
rejected by this Court considering the statement of the victim
recorded under Section 164 of the Cr.P.C.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 11.05.2025
without any rhymes or reason. He further submits that
cognizance has been taken on 04.07.2025 and charges have been
Patna High Court CR. MISC. No.32162 of 2026(2) dt.08-05-2026
2/2
framed on 16.12.2025 but no any witness has been examined by
the learned Trial Court in this case.
5. Learned APP for the State opposes the prayer for
grant of bail.
6. There is no fresh ground to consider the bail petition
of the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of six months from today. If the trial
is not concluded within the period of six months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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