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Patna High Court

Guddu Sah @ Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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