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Patna High Court

Guddu Kumar @ Guddu Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petitioner’s alleged involvement and prior similar offence warranted refusal of relief.

Summary

Guddu Kumar Sharma, the petitioner, was not named in the FIR but was implicated through a co-accused's confessional statement in a theft and vehicle‑tampering case (IPC §§420, 406, 379, 467, 468, 411/34). He claimed he merely rented a garage from Pintu Singh/Chandramani Ray and had no documentary proof linking him to the stolen truck. The State argued that the truck was recovered from his garage and that he was the garage owner, also noting a similar pending case against him. The petitioner sought anticipatory bail, but the court found the allegations and prior similar conduct sufficient to deny relief. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under CrPC Section 438 given the allegations of theft and vehicle tampering.
  • Whether the lack of documentary evidence and the existence of a similar pending case justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Indian Penal Code
  • theft
  • vehicle tampering
  • bail jurisprudence
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42960 of 2024
                       Arising Out of PS. Case No.-3 Year-2024 Thana- AKBARPUR District- Nawada
                 ======================================================
                 Guddu Kumar @ Guddu Kumar Sharma Son Of Gogendra Sharma
                 Resident Of Ward No-.6, Near Shiv Mandir, Daud Nagar, P.S.- Bidupur,
                 District- Vaishali
                                                                       ... ... Petitioner
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :       Mr.Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   02-02-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, not named in the F.I.R., is

                   apprehending his arrest in connection with Akhbarpur P.S. Case

                   No. 03 of 2024 registered for the offences punishable under

                   Sections 420, 406, 379 of the Indian Penal Code and later on

                   section 467, 468, 411/34 of the I.P.C. was added.

                             3. The allegation against the petitioner is to involve in

                   theft and also tampering of description of the vehicle/Truck.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that name of the petitioner transpired during course

                   of investigation on the basis of confessional statement of co-

                   accused Ranjeet Kumar. It is pointed out that the garage in
           Patna High Court CR. MISC. No.42960 of 2024(5) dt.02-02-2026
                                                       2/2




                     issue belongs to one Pintu Singh @ Chandramani Ray, however,

                     it is fairly conceded by learned counsel that there is no any

                     documentary evidence in support of the submission.

                              5.     While     concluding       argument,   learned   counsel

                     submitted that petitioner found involve in one more case of

                     similar nature wherein he is on bail.

                              6. Taking note of the aforesaid submission, learned

                     A.P.P. for the State submitted that petitioner was the owner of

                     the garage from where the stolen Truck was said to be

                     recovered. It is submitted that land of the garage was in the

                     name of Pintu Singh @ Chandramani Ray, which was taken on

                     rent by this petitioner for running the garage.

                                   7. In view of the aforesaid factual submissions and by

                     taking note of the fact as alleged stolen Truck was said to be

                     recovered from garage of the petitioner and also petitioner

                     involved in similar nature of offence, accordingly, prayer of

                     anticipatory bail of the petitioner stands rejected.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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