Patna High Court
Gudiya KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Gudiya Kumari, the daughter of accused Pramod Rai, was named in a criminal case involving alleged assault with a sharp weapon and a shooting under sections 103(1), 61(2), 238, 3(5) of the Bihar Narcotic Substances Act, 2023 and section 27 of the Arms Act. The prosecution alleged that Pramod Rai assaulted the informant’s brother and that Manish Kumar fired at the victim, while Gudiya was said only to be a member of the mob with no overt act. The petitioner argued she had no criminal antecedent, was a woman, and had been in judicial custody since 28‑03‑2026 without any direct involvement. The State opposed bail. The court, after considering the lack of specific allegations against her and the circumstances, decided to grant regular bail. She was released on a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner, though named as an accused, is entitled to regular bail under the circumstances.
- Whether the allegations against co‑accused affect the bail eligibility of the petitioner.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- assault
- arms act
- gender
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40195 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- Singhaul District- Begusarai
======================================================
Gudiya Kumari D/o- Pramod Ray R/o- Vill.- Rachiyahi - Vrahatpur, ward no.
-03, P.S.- Singhaul, Dist.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1),
61(2), 238, 3(5) of the BNS, 2023 and 27 of the Arms Act.
3. The case of the prosecution is that Pramod Rai has
assaulted with sharp cutting weapon on the head of the
informant’s brother due to which he fell down. On this the wife
of the accused Pramod Rai exhorted her to kill him on this
Manish Kumar fired at brother of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from the perusal of
the FIR, it is clear that the allegation of assault is against
Patna High Court CR. MISC. No.40195 of 2026(2) dt.23-06-2026
2/2
Pramod Rai and one Manish Kumar. The petitioner is the
daughter of Pramod Rai though she has been arrayed as an
accused but there is no allegation against her of any overt act.
She is only the member of mob as per the case of the
prosecution. He has further been submitted that petitioner is a
lady. A statement has been made in para-3 that the petitioner is
having no criminal antecedent. Moreover, the petitioner is
languishing in judicial custody since 28.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Singhaul P.S. Case No. 90 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. IV, Begusarai.
(Ashok Kumar Pandey, J)
Sneha/-
Dolly/-
U T
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