Patna High Court
Guddu kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act, 1959 — s. 27
- B.N.S., 2023 — s. 109, 115(2), 190, 191(2), 191(3), 308(2), 308(3), 351(2), 352
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
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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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