Patna High Court

Guddu Kumar @ Gorha @ GendaversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Guddu Kumar was arrested in connection with a kidnapping case (Puraini P.S. Case No. 179 of 2024) alleged under sections 140(2) and 309(4) of the B.N.S. The prosecution claimed the kidnapping of Satyam Kumar for ransom, but the informant’s list of accused did not include the petitioner. The petitioner’s counsel argued that his name surfaced only through a co‑accused’s confessional statement and that the victim’s statement under Section 183 of the BNSS named only three persons, not the petitioner, and no ransom was paid. The petitioner had been in judicial custody since 24‑09‑2024, while the State highlighted five prior criminal cases against him. The court, after considering the lack of direct evidence and the grant of bail to a co‑accused in a similar case, ordered the petitioner’s release on regular bail with a bond of Rs.10,000 and two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the allegations under sections 140(2) and 309(4) of the B.N.S.
Whether the confessional statement of a co‑accused and the victim’s statement under Section 183 BNSS suffice to justify continued detention.

Legislation cited

B.N.S. — s. 140(2), 309(4)
BNSS — s. 183

Subjects

regular bail
kidnapping
ransom
confessional statement
co‑accused
judicial custody
Section 183
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54511 of 2025
                      Arising Out of PS. Case No.-179 Year-2024 Thana- PURAINI District- Madhepura
                 ======================================================
                 Guddu Kumar @ Gorha @ Genda S/o Arun Singh R/o vill - Orai, P.S.-
                 Puraini, Distt.- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Pooja Prasad, Advocate
                                                   Mr. Uday Chand Prasad, Advocate
                                                   Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   05-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 140(2),

                   309(4) of B.N.S.

                                 3. The case of the prosecution is that the grand son of

                   the informant, namely, Satyam Kumar was kidnapped by some

                   miscreants for ransom. The informant was informed by the

                   neighbours that there were 6-7 miscreants on three bikes and

                   they disclosed the name of 6-7 accused persons but the name of

                   this petitioner does not find place in that list.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.54511 of 2025(3) dt.05-02-2026
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          counsel for the petitioner has submitted that there is general and

          omnibus allegation against all the accused persons. The name of

          this petitioner has surfaced in this case on the basis of

          confessional statement of co-accused. It has further been

          submitted that in this case, the victim Satyam Kumar has

          returned on the same day and has given his statement under

          Section 183 of BNSS wherein he has only named three persons.

          He has not named this petitioner. No ransom was given. It has

          further been submitted that similarly situated other co-accused

          person has already been granted bail by learned co-ordinate

          Bench of this Court vide order dated 27.05.2025 passed in Cr.

          Misc. No. 34661 of 2025. Moreover, the petitioner is

          languishing in judicial custody since 24.09.2024.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and submitted

          that petitioner is having criminal antecedent of five cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Puraini P.S. Case No. 179 of 2024 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount
            Patna High Court CR. MISC. No.54511 of 2025(3) dt.05-02-2026
                                                        3/3




                      each to the satisfaction of learned District and Additional

                      Sessions Judge IX, Madhepura.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

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