Patna High Court
Rajnish Kumar @ GudduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Petitioner Rajnish Kumar Guddu, accused in a case involving theft (Sec. 363), kidnapping (Sec. 365), murder (Sec. 302) and related offences (Secs. 201, 34 IPC), applied for regular bail. The prosecution alleged that the son of an informant went missing on 1 March 2023 and that the petitioner’s name surfaced in the confessional statements of co‑accused Richa Kumar and Ashish Kumar, the latter already on bail. The petitioner asserted innocence, a clean antecedent, and highlighted that he had been in custody since 27 September 2025. The State opposed bail, citing the seriousness of the charges. The Court, after weighing the nature of the accusations against the petitioner’s clean record and the length of custody, allowed the bail application, directing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences (IPC §§363, 365, 302, 201, 34).
- Whether the petitioner’s clean antecedent and period of custody justify bail.
- Whether the evidence linking the petitioner, derived from co‑accused statements, is sufficient to deny bail.
Legislation cited
- Indian Penal Code — s. 201, 302, 34, 363, 365
Subjects
- bail
- regular bail
- Indian Penal Code
- theft
- kidnapping
- murder
- clean antecedent
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3345 of 2026
Arising Out of PS. Case No.-137 Year-2023 Thana- GOPALPUR District- Patna
======================================================
Rajnish Kumar @ Guddu Son of Sri Valishtar Ray R/o Village - Vishanpur
Saidali, P.S. - Raghopur, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Gopalpur P. S. Case No. 137 of 2023 registered for the offences
punishable under Sections 363, 365 of the Indian Penal Code to
which Sections 302, 201/34 of the IPC were added later on.
3. As per prosecution case, son of the informant went
missing on 1.03.2023. F.I.R. was registered against the
unknown.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Name of
the petitioner transpired during investigation, in confessional
statement of co-accused Richa Kumar and Ashish Kumar. Co-
accused Ashish Kumar has already been granted bail by this
Patna High Court CR. MISC. No.3345 of 2026(2) dt.13-02-2026
2/2
court vide order dated 10.05.2024 passed in Cr. Misc. No. 6557
of 2024. Petitioner claims clean antecedent and is in custody
since 27.09.2025.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Patna in connection
with Gopalpur P. S. Case No. 137 of 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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