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Patna High Court

Guddu kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding insufficient specific allegations against him to justify continued detention.

Summary

Guddu Kumar was arrested on 1 November 2025 in connection with FIR dated 11 October 2025 alleging that he and others surrounded an informant, abused him and fired shots, causing unconsciousness. The petitioner contended that he was falsely implicated, asserting that the FIR does not specifically allege any assault, overt act, or firing by him, and that he was merely a member of the mob. The State opposed bail, noting his inclusion in the FIR and his involvement in two other cases, though one is already on bail. The court examined the lack of specific allegations against the petitioner and the nature of the charges under the B.N.S. 2023 and the Arms Act, 1959. Concluding that the petitioner’s personal culpability was not clearly established, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • What is the appropriateness of granting bail to the petitioner given the absence of specific allegations of assault or firing against him?
  • Do the petitioner’s pending criminal cases affect the grant of bail in the present matter?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • section 191
  • section 190
  • section 115
  • section 109
  • section 308
  • section 352
  • section 351
  • Arms Act
  • false implication
  • mob assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5544 of 2026
                    Arising Out of PS. Case No.-400 Year-2025 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
                 Guddu kumar Son of Janeshwar Singh Resident of Village- Bagen, Ps-
                 Akodhigola, Dist- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Kant, Advocate
                 For the Opposite Party/s :      Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard Mr. Ravi Kant, learned counsel for the

                   petitioner and Mr. Shailendra Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   01.11.2025 in connection with Akodhigola P.S. Case No. 400 of

                   2025, F.I.R. dated 11.10.2025 for the offences punishable under

                   Sections 191(2), 191(3), 190, 115(2), 109, 308(2), 308(3), 352,

                   351(2) of the B.N.S. 2023 and Section 27 of the Arms Act,

                   1959.

                                3. According to prosecution case, petitioner and other

                   accused persons are alleged to have surrounded the informant,

                   abused him and shot fire on him due to which the informant

                   became unconscious.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.5544 of 2026(2) dt.29-01-2026
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          petitioner is innocent and has falsely been implicated in the

          present case. Learned counsel further submits that the allegation

          as alleged in the FIR is false and fabricated and the petitioner

          has not committed any offence as alleged in the F.I.R. It appears

          from the FIR that there is no specific allegation of any assault,

          overt act or firing attributed against the petitioner. The specific

          allegation of firing is attributed against co-accused persons,

          namely, Saroj and Dhiraj and at best, the petitioner is a member

          of mob and the petitioner is in custody since 01.11.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner and submits that the

          petitioner is named in the FIR and apart from that the petitioner

          carries two more cases other than the present one but fairly

          submits that the petitioner is on bail in one case and one case is

          pending for consideration before the competent court of law.

                       6. Considering the aforesaid facts and circumstances

          and also the fact that there is no specific allegation of any

          assault, overt act or firing attributed against the petitioner, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Sub

          Divisional Judicial Magistrate, Dehri, Rohtas in connection
            Patna High Court CR. MISC. No.5544 of 2026(2) dt.29-01-2026
                                                        3/3




                      with Akodhigola P.S. Case No. 400 of 2025, with the following

                      conditions:

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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