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Patna High Court

Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail is allowed.

Summary

Guddu Kumar was arrested in connection with a case registered under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that he killed the deceased. The petitioner contended that he is innocent, has no prior criminal record, is not named in the FIR, and that no incriminating material was recovered from him. The State opposed bail, maintaining the seriousness of the homicide allegation. The Court, after reviewing the investigation report, observed that the evidence suggested the deceased had committed suicide because she was denied permission to attend coaching. On the basis of these facts and the lack of direct evidence against the petitioner, the Court allowed the regular bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to the accused in a homicide case under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the material collected during investigation indicating suicide negates the necessity for continued custody.
  • Whether the petitioner’s lack of antecedents and non-mention in the FIR warrant bail.

Legislation cited

Subjects

  • regular bail
  • homicide
  • suicide
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44655 of 2026
                    Arising Out of PS. Case No.-14 Year-2025 Thana- Bhopatpur District- East Champaran
                 ======================================================
                 Guddu Kumar Son of Surendra Sahani Resident of village- Jagirahan, Ps-
                 Kotwa, Dist- East Champaran Motihari

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajesh Kumar
                 For the Opposite Party/s :        Mr. Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-07-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Bhopatpur P.S. Case No. 14 of 2025 registered for the offence

                   under Section(s) 103(1), 61(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   accused of killing the deceased.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 26.03.2026 and has no criminal

                   antecedents. It is also submitted that the petitioner is not named

                   in the FIR and nothing has been recovered from his possession.

                                5. Learned A.P.P. for the State has vehemently

                   opposed the prayer for bail.
            Patna High Court CR. MISC. No.44655 of 2026(2) dt.09-07-2026
                                                        2/2




                                   6. I have considered the submissions of the parties and

                      have gone through the records of the case. Though the allegation

                      against the petitioner is of killing the deceased but from the

                      materials collected during investigation, it appears that the

                      deceased had committed suicide when she was not allowed to

                      go to coaching.

                                   7. Considering the aforesaid facts and circumstances,

                      this application for regular bail is allowed.

                                   8. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Bhopatpur P.S.

                      Case No. 14 of 2026.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-
U       T


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