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Patna High Court

Guddu Kumar @ Pankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 480(3) of the Bharatiya Nyaya Sanhita.

Summary

Guddu Kumar was arrested in connection with a case alleging that he and co‑accused attempted to snatch a motorcycle's keys, phone and cash, and when the informant resisted, Kumar fired a country‑made gun, injuring the informant's leg. He pleaded not guilty, claiming he is a student with a clean record and that the prosecution's version is implausible. The State opposed bail, citing the specific allegation of firing and the resulting injury. The High Court, noting the petitioner’s clean antecedent, the period of custody, and the filing of a charge‑sheet, ordered his release on bail with a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the Bharatiya Nyaya Sanhita. The bail order includes requirements for a close relative as a bailor and attendance at all court dates.

Issues considered

  • Whether bail should be granted to the accused in a case involving offences under Sections 281, 303(2), 352, 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
  • Whether the petitioner’s clean antecedent and the filing of a charge‑sheet justify bail despite the alleged shooting injury.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • attempted robbery
  • assault
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67731 of 2025
                    Arising Out of PS. Case No.-28 Year-2025 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Guddu Kumar @ Pankaj Kumar S/O Umakant Yadav R/O Village- Navtol,
                 P.S.- Phulparas, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :      Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   05-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Phulparas P.S. Case No. 28 of 2025 registered

                   for the alleged offences under Sections 281, 303(2), 352, 109(1)

                   read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and

                   Section 27 of the Arms Act.

                                03. As per prosecution case, petitioner and other co-

                   accused persons came on a Scorpio vehicle and tried to snatch

                   the keys of the motorcycle of the informant and his phone and

                   cash and when the informant resisted, the petitioner took out a

                   country made katta from his vehicle and fired upon the leg of

                   the informant who received a gunshot injury.

                                04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.67731 of 2025(3) dt.05-01-2026
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          petitioner is innocent and has been falsely implicated in this

          case. Learned counsel further submits that the prosecution story

          is not believable and no occurrence as alleged in the manner has

          ever taken place. No motive or reason for the occurrence has

          been mentioned in the written report of FIR. The petitioner is a

          student of graduation and is having clean antecedent. Learned

          counsel further submits that the petitioner is in custody since

          25.04.2025 and charge-sheet has been submitted.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that there

          is specific allegation against the petitioner that he fired upon the

          informant and one gunshot injury has been found on the leg of

          the informant.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner and his clean antecedent

          along with submission of charge-sheet, the petitioner above

          named is directed to be released on bail on furnishing bail bonds

          of Rs. 10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Additional Chief

          Judicial Magistrate-II, Jhanjharpur, District-Madhubani/court

          concerned in connection with Phulparas P.S. Case No. 28 of
           Patna High Court CR. MISC. No.67731 of 2025(3) dt.05-01-2026
                                                       3/3




                     2025, subject to the conditions mentioned in Section 480(3) of

                     BNSS and the following conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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