Patna High Court
Guddu Kumar @ Guddu @ Ronit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The High Court granted bail to the petitioner, holding that general allegations do not preclude bail under Section 482(2) of the BNSS.
Summary
The petitioner, Guddu Kumar, sought bail in a case (PS Case No.497 of 2025) alleging offences under Sections 126(2), 115(2), 118(1), 109(1) and 3(5) of the B.N.S. The FIR alleged that he assaulted the informant’s brother, but the petitioner claimed innocence, stating that the specific injury allegation pertained to a co‑accused, Aniket Kumar, who had already been granted bail. The petitioner also highlighted the lack of specific allegations against him and the minor nature of the alleged injuries, while acknowledging a prior criminal antecedent. The State opposed bail, arguing the seriousness of the charges. The Court noted that the allegations against the petitioner were general and omnibus, and, applying Section 482(2) of the BNSS, ordered his release on bail subject to a Rs.10,000 bond, two sureties, and strict conditions regarding court appearances, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether bail can be granted when only general and omnibus allegations are made against the accused.
- Whether Section 482(2) of the BNSS permits the High Court to release the petitioner on bail pending trial.
- Whether the petitioner’s prior criminal antecedent precludes bail.
Legislation cited
Subjects
- bail
- criminal procedure
- general allegation
- Section 482
- BNSS
- false implication
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5792 of 2026
Arising Out of PS. Case No.-497 Year-2025 Thana- BETTIAH CITY District- West
Champaran
======================================================
Guddu Kumar @ Guddu @ Ronit Kumar S/o Rajesh Prasad @ Rajesh Kumar
R/o Ward No. 18, Ganj No. 2, Ilam Ram Chowk, P.S.- Bettiah Town, District-
West Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Ranjan Garg
For the Opposite Party/s : Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Bettiah Town P.S. Case No.497 of 2025 dated
12.10.2025, registered for the offence punishable under Sections
126(2), 115(2), 118(1), 109(1), 3(5) of the B.N.S.
3. As per the FIR, the allegation against the
petitioner is of causing assaulted over the informant’s brother.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. He further submits that there are no specific
allegations against the petitioner. The specific allegation of
causing injury to the informant’s brother has been made against
Patna High Court CR. MISC. No.5792 of 2026(3) dt.24-02-2026
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the co-accused, namely, Aniket Kumar, who has already been
granted bail by a Coordinate Bench of this Court vide order
dated 04.02.2026 passed in Cr. Misc. No. 2795 of 2026. He
further submits that the injuries are simple in nature. Lastly, it is
submitted that the petitioner has one criminal antecedent.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that there is general and
omnibus allegation against the petitioner, let the above named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned CJM, Bettiah, West
Champaran/Successor Court in connection with Bettiah Town
P.S. Case No.497 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
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date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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