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Patna High Court

Guddu Sharma @ Pradeep KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied regular bail to the petitioner, finding him to be one of the assailants.

Summary

Guddu Sharma, accused under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act for firing on an informant, applied for regular bail after being in custody since 5 December 2025. The petitioner claimed innocence, while the informant opposed bail. The court examined the allegation that the petitioner was one of the assailants who shot the informant. Considering the seriousness of the alleged offences and the petitioner’s role in the shooting, the court rejected the bail application. However, the court directed the trial court to expedite the trial and conclude it within one year of receiving the order.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being alleged to have participated in a shooting of the informant
  • Whether the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act precludes the grant of bail

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • arms act
  • shooting
  • trial expeditious disposal
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7305 of 2026
                  Arising Out of PS. Case No.-95 Year-2025 Thana- Banuchhapar District- West Champaran
                 ======================================================
                 Guddu Sharma @ Pradeep Kumar Son of Motilal Sharma Resident of Village-
                 Tiwari Tola Auraiya, Ward No. 1, P.S.- Banuchhapar, District- West
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Khushi Awadh, Advocate
                 For the Opposite Party/s :        Mr. Prem Kumar Jha, A.P.P.
                 For the Informant        :        Mr. Noumaan Ahmad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   10-04-2026                    Heard learned counsel for the petitioner, informant

                   and learned A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Banuchhapar P. S. Case No. 95 of 2025 registered for the

                   offences punishable under Sections 126(2), 115(2), 109, 352,

                   351(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of

                   the Arms Act.

                                3. As per F.I.R., all the named accused persons fired

                   upon the informant as a result of which, he sustained gunshot

                   injuries.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is in custody since 05.12.2025.
              Patna High Court CR. MISC. No.7305 of 2026(3) dt.10-04-2026
                                                          2/2




                                     5. Learned counsel for the informant vehemently

                        opposed the bail application.

                                     6. Considering the fact that petitioner was one of the

                        assailants of the informant, prayer for regular bail of the

                        petitioner is rejected.

                                     7. However, since petitioner is in custody since

                        05.12.2025, Trial Court is directed to expedite and conclude the

                        trial, preferably, within a period of one year from the date of

                        receipt/production of copy of this order.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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