Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
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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