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Patna High Court

Guddu Sah @ Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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