Patna High Court
Guddu Kumar @ Guddu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The bail petition is rejected, but the petitioner is permitted to file a fresh bail application after two months if the remaining witnesses are not examined.
Summary
Guddu Kumar petitioned the Patna High Court for bail in a criminal case pending trial. The informant informed the court that only two seizure‑list witnesses remained to be examined. The petitioner’s counsel sought to withdraw the bail petition and requested liberty to file a fresh bail application after two months if the remaining witnesses could not be examined before the trial court. The court rejected the bail application at the present stage but granted the requested liberty to re‑apply after two months. It also directed the SSP Gaya to ensure that the two witnesses appear before the trial court within two months.
Issues considered
- Whether bail can be granted at the present stage of trial when two seizure‑list witnesses are yet to be examined
- Whether the petitioner may withdraw the bail petition and seek liberty to re‑apply after a specified period
Subjects
- bail
- criminal procedure
- witness examination
- high court
- pending trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38100 of 2025
Arising Out of PS. Case No.-698 Year-2022 Thana- SHERGHATI District- Gaya
======================================================
Guddu Kumar @ Guddu Singh S/o Naween Singh R/o Vill- Gopalpur, P.S.-
Sherghati, Distt- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv
: Mr. Rahul Singh, Adv
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
For the Informant : Mr. P.N. Shahi, Sr. Adv
: Mr. Manish Kr. 2, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
8 09-01-2026 Heard the parties.
2. Mr. P.N. Shahi, learned sr. counsel appearing on
behalf of informant submitted that only two seizure list witnesses
are left to be examined.
3. Considering the aforesaid submission Mr. Ramakant
Sharma, learned sr. counsel appearing for petitioner seeks
permission to withdraw present petition, with liberty to renew his
prayer for bail after two months in case remaining seizure list
witnesses could not examine before learned trial court in terms of
aforesaid submission.
4. In view of aforesaid, present prayer of bail
considering the stage of trial is hereby rejected, for the present
however with aforesaid liberty as prayed by Mr. Sharma.
Patna High Court CR. MISC. No.38100 of 2025(8) dt.09-01-2026
2/2
5. SSP Gaya is directed to ensure the presence of
aforesaid two seizure list witnesses, positively, before the
concerned court for their examination within two months.
6. Let copy of this order be communicated to SSP Gaya,
for its immediate compliance.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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