Patna High Court
Guddu Sah @ Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to anticipatory bail subject to the conditions imposed by the Court.
Summary
The petitioner, Guddu Kumar, faced arrest in a case involving offences under Sections 341, 323, 324, 354, 379, 504 and 506/34 of the IPC, arising from a violent dispute over money on 29‑10‑2022. He applied for anticipatory bail, arguing that the incident was a mutual fight and that a co‑accused, Sheshnath Sah, had already been granted anticipatory bail in a similar case. The State opposed the bail, citing the seriousness of the charges. The Court examined the facts, the precedent of the earlier bail order, and the statutory provisions governing anticipatory bail. It concluded that the petitioner could be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the nature of the alleged offences and the circumstances of the case justify denial of anticipatory bail.
- Whether the conditions imposed on bail are appropriate and sufficient to ensure the petitioner’s appearance before the trial court.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code offences
- high court
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4273 of 2026
Arising Out of PS. Case No.-105 Year-2022 Thana- PURUSHOTTAMPUR District- West
Champaran
======================================================
Guddu Sah @ Guddu Kumar S/o Sri Sheshnath Sah Resident of village -
Nakchhed Bahuarwa, P.S. - Purushottampur, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma
For the Opposite Party/s : Mr.Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 341, 323, 324, 354, 379,
504, 506/34 of the Indian Penal Code.
3. Prosecution case, in brief, is that on 29.10.2022 at
about 9 PM, informant went to the house of this petitioner to
demand his money back, in the meantime, all the F.I.R. named
accused persons, including this petitioner, abused and assaulted
informant by means of lathi, danda, etc. This petitioner is
alleged to have caused injury on the head of informant’s wife by
means of sword.
4. Learned counsel for the petitioner submits that a
Patna High Court CR. MISC. No.4273 of 2026(2) dt.11-02-2026
2/2
free fight took place between the parties over money dispute, in
which, both sides sustained injury. Case and counter case.
Similarly situated co-accused Sheshnath Sah has been granted
anticipatory bail by this Court, vide order dated 23.09.2025
passed in Cr.Misc. No. 66840 of 2025.
5. Learned A.P.P. for the State opposed the bail
application.
6. In the facts and circumstances of the case, let the
above named petitioner, in the event of his arrest/surrender
before the Trial Court within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of Judicial Magistrate, 1st Class, Bettiah,
West Champaran in connection with Purushottampur P. S. Case
No. 105 of 2022, subject to condition as laid down under
Section 438(2) of the Cr.P.C. / Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…