Patna High Court
GUDDU SAH @ GUDDU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, in the absence of any direct allegation against the petitioners, bail must be granted.
Summary
The petitioners Guddu Sah and Ramchandra Sah applied for regular bail in a case (Sheohar P.S. Case No. 375 of 2025) involving offences under several sections of the Bharatiya Nyaya Sanhita, including assault and related provisions. They were in custody since 9 October 2025 and claimed they were falsely implicated, with no direct allegation against them. The State opposed the bail, arguing the seriousness of the charges. The court examined the lack of specific allegations linking the petitioners to the alleged assault and found no substantive basis to deny bail. Consequently, the court allowed the bail applications, directing the petitioners to furnish bail bonds of Rs. 10,000 each with two sureties.
Issues considered
- Whether the petitioners are entitled to regular bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita.
- Whether there is sufficient direct evidence linking the petitioners to the alleged assault to justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 115(2), 117(2), 126(1), 303(2), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- false implication
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.513 of 2026
Arising Out of PS. Case No.-375 Year-2025 Thana- SHEOHAR District- Sheohar
======================================================
Guddu Sah @ Guddu Kumar Son of Ramji Sah Resident of village - Mali
Pokharbhinda, P.S.- Sheohar, District - Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 712 of 2026
Arising Out of PS. Case No.-375 Year-2025 Thana- SHEOHAR District- Sheohar
======================================================
Ramchandra Sah Son of Late Saryug Sah Resident of village - Mali
Pokharbhinda, P.S.- Sheohar, District - Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 513 of 2026)
For the Petitioner/s : Mr.Pushpendra Kumar Singh, Advocate
Ms. Divya Bharti, Advocate
For the State : Mr.Pramod Kumar Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 712 of 2026)
For the Petitioner/s : Mr.Pushpendra Kumar Singh, Advocate
Ms. Divya Bharti, Advocate
For the State : Mr.Pramod Kumar Pandey, APP
======================================================
Patna High Court CR. MISC. No.513 of 2026(4) dt.24-03-2026
2/3
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State in both the aforesaid cases.
2. The petitioner of both the aforesaid cases seeks bail
in connection with Sheohar P.S. Case No. 375 of 2025
registered for the offence punishable under Sections 126(1),
115(2), 117(2), 303(2), 74, 351(2), 352 and 3(5) of the Bharatiya
Nyaya Sanhita to which Section 103(1) of the Bharatiya Nyaya
Sanhita was added.
3. The petitioners and others are said to have assaulted
the victim. One Shivan Kumar is the main accused who has
assaulted the victim.
4. The petitioners are in custody since 09.10.2025.
5. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case.
6. Learned APP appearing for the State and learned
counsel for the informant have opposed the prayer for regular
bail of the petitioners.
7. Considering the fact that there is no direct
allegation against the present petitioners, these applications are
allowed.
Patna High Court CR. MISC. No.513 of 2026(4) dt.24-03-2026
3/3
8. Let the petitioner of both the aforesaid cases, above
named, be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Sheohar/ concerned Court below in connection with
Sheohar P.S. Case No. 375 of 2025.
(Sandeep Kumar, J)
P. Kumar
U T
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