Patna High Court

Guddu KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to petitioners 2‑5 subject to specified conditions and dismissed petitioner 1's application as withdrawn.

Summary

Five individuals from Devkali village were charged under multiple sections of the BNS for assaulting an informant with a hockey stick, looting cash and damaging property. The first petitioner withdrew his pre‑arrest bail application, which the court dismissed as withdrawn. The remaining petitioners sought anticipatory bail, arguing the assault allegations were general and the injuries minor, and claimed a clean antecedent. The State opposed the bail. Considering the facts, the court granted anticipatory bail to petitioners 2, 3, 4 and 5, subject to surrender within eight weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Section 482(2) of the BNS, while rejecting the request for petitioner 1.

Issues considered

Whether anticipatory bail should be granted to the accused under Sections 126(2), 115(2), 324(4), 109, 74, 303(2), 351(2), 352 and 3(5) of the BNS.

Legislation cited

BNS — s. 109, 115(2), 126(2), 303(2), 324(4), 3(5), 351(2), 352, 482(2), 74

Subjects

anticipatory bail
assault
robbery
BNS
Section 482
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7781 of 2026
                       Arising Out of PS. Case No.-153 Year-2025 Thana- MANPUR District- Nalanda
               ======================================================
           1 . Guddu Kumar Son of Rajkumar Yadav Resident of Village - Devkali, P.S. -
                Manpur, District- Nalanda.
           2.    Golden Kumar Son of Rajkumar Yadav Resident of Village - Devkali, P.S. -
                 Manpur, District- Nalanda.
           3.    Rudal Kumar Son of Lalo Yadav Resident of Village - Devkali, P.S. -
                 Manpur, District- Nalanda.
           4.    Nitish Kumar Son of Jaddu Yadav Resident of Village - Devkali, P.S. -
                 Manpur, District- Nalanda.
           5.    Mohan Yadav Son of Late Ram Jatan Yadav Resident of Village - Devkali,
                 P.S. - Manpur, District- Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Premchandra Yadav, Advocate
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                         At the outset, learned counsel for the petitioners

                   seek permission to withdraw the pre-arrest bail petition of

                   petitioner No. 1 .

                                2. Permission is accorded.

                                3 . This bail petition with respect to petitioner No. 1 is

                   dismissed as withdrawn .

                                4. Heard learned counsel for petitioner Nos. 2, 3 , 4

                   and 5 and learned A.P.P. for the State .

                                5 . The petitioners apprehend their arrest in a
Patna High Court CR. MISC. No.7781 of 2026(2) dt.19-02-2026
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          complaint case punishable for the offence under Sections 126

          (2), 115 (2), 324 (4), 109, 74, 303 (2), 351 (2), 352 and 3 (5) of

          BNS.

                       6. As per F.I.R. all the accused persons including these

          petitioners armed with hockey stick came to the shop of

          informant and assaulted informant, committed loot of cash and

          other articles of the shop and damaged the glasses.

                       7.    It is submitted on behalf of petitioners that

          allegation of assault is general and omnibus against these

          petitioners. Injuries caused by these petitioners are simple in

          nature . Rest of the allegations are ornamental in nature to make

          the case grave . Petitioners claim clean antecedent.

                         8 . Learned A.P.P. for the State opposed the prayer

          for anticipatory bail of petitioner.

                         9. However, considering the aforesaid facts and

          circumstances, let the above named petitioner Nos. 2, 3 , 4 and 5

          in the event of arrest/surrender within a period of eight weeks

          from today, be enlarged on bail on furnishing bail-bonds of Rs.

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

          amount each to the satisfaction of learned ACJM – II Bihar

          Sharif Nalanda in connection with Manpur Case No. 153 of

          2025 ,      subject to condition as laid down under Section 482 (2)
            Patna High Court CR. MISC. No.7781 of 2026(2) dt.19-02-2026
                                                        3/3




                      of BNSS 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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