Patna High Court
Guddu Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
Guddu Kumar Verma was charged under several sections of the B.N.S. 2023 and the Arms Act, 2025 for allegedly firing on police and possessing a pistol. Two co-accused, apprehended at the scene, identified him, but he was not arrested on the spot; he was later taken into custody on 26‑06‑2025 and a pistol was recovered from him. The petitioner argued that no independent witness was examined and that the delay in the case was not his fault, while the State opposed bail. The court noted that the charge sheet had been filed but cognizance could not be taken due to the absence of a prosecution sanction, and that the petitioner’s continued detention was not due to any negligence on his part. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and the procedural lapse in obtaining prosecution sanction.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 121(2), 132, 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S.
- prosecution sanction
- charge sheet
- cognizance
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81055 of 2025
Arising Out of PS. Case No.-211 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Guddu Kumar Verma S/o- Binod Verma @ Vinod Sah R/v- Saveraji Ps-
Mirganj Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the State : Mr. Ram Priya Sharan Singh, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 115 (2), 121 (2), 109, 132, 3 (5) of
B.N.S. 2023 and Sections 25 (1-B)(a), 26(2), 27 and 35 of Arms Act,
2025.
3. As per the prosecution case, three miscreants started
firing upon the police team while trying to flee away from the place
of occurrence. Two co-accused persons were apprehended on the spot
and they disclosed the name of the petitioner who fled away from the
place of occurrence.
4. Learned counsel for the petitioner submits that the
name of the petitioner appeared in the First Information Report upon
same being disclosed by the two apprehended persons Ayush Kumar
and Rohit Kumar. However, the petitioner was not apprehended on
the spot and the recovery of country made pistol etc. was made from
Patna High Court CR. MISC. No.81055 of 2025(4) dt.25-02-2026
2/2
the apprehended accused persons. It is further submitted that,
subsequently, during the course of investigation, the petitioner was
arrested and daab was recovered from his possession and further no
independent witness has been examined during the course of
investigation. Petitioner is in custody since 26.06.2025 and there has
been no progress in the case.
5. Learned APP for the State opposed the bail petition.
6. A report had been called for with regard to the stage of
trial which indicates that after submissions of charge sheet
cognizance could not be taken in absence of prosecution sanction for
which specific directions have given to the prosecution officer.
7. Taking into consideration the facts and circumstances of
the case and also considering the fact that the petitioner was not
arrested on the spot and charge sheet has already been submitted and
the delay being caused is not due to any fault of the petitioner, the
above named petitioner is directed to be enlarged on bail 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
Court below where the case is pending/successor Court in connection
with Mirganj P.S. Case No. 211 of 2025.
(Soni Shrivastava, J)
vashudha/-
U T
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