Patna High Court
Guddu Paswan @ Guddu Kumar BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Guddu Paswan and Lalu Kumar, applied for anticipatory bail in a case registered under Sections 191(2), 190, 126(2), 121(1)(2), 132 and 109 of the B.N.S., arising from an alleged attack on police during a raid on illegal sand mining. They claimed they were falsely implicated by an informant and that the seized tractor actually belonged to another person. The petitioners argued that they would cooperate with the investigation and not abscond. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and specific conditions under Section 482(2) of the B.N.S.S., including the requirement that one bailor be each petitioner’s parent. The order also allowed the trial court to cancel bail if the petitioners fail to cooperate.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the B.N.S.S. in a case involving offences under Sections 191(2), 190, 126(2), 121(1)(2), 132 and 109 of the B.N.S.
- Whether the petitioners are likely to abscond or tamper with evidence, justifying denial of bail
- Whether the allegations of false implication by the informant are sufficient to deny anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- false implication
- illegal sand mining
- Section 482
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86248 of 2025
Arising Out of PS. Case No.-221 Year-2025 Thana- MOHANPUR District- Gaya
======================================================
1. Guddu Paswan @ Guddu Kumar Bharti S/O Gopla Paswan R/O Village-
Koshila, P.S- Mohanpur, Distt.- Gaya.
2. Lalu Kumar @ Pintu Kumar S/O Late Surajdeo Prasad @ Suryadev Prasad
R/O Village- Koshila, P.S- Mohanpur, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha
For the Opposite Party/s : Mr.Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 18-03-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 191(2), 190, 126(2), 121(1)(2), 132, 109 of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners have antecedent of one case and the informant
alleges that on 10.06.2025, the police was reached near
Niranjana river to raid illegal sand mining and liquor, when 8-10
accused persons, on seeing the police force, fled away.
Accordingly, the force was coming back to the police station
with the seized tractor laden with sand, when the sand mafia
Patna High Court CR. MISC. No.86248 of 2025(3) dt.18-03-2026
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attacked the force causing injury. Accordingly, they fled leaving
the tractor, local people and Chaukidar subsequently disclosed
the name of the accused persons including the petitioners.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that a supplementary affidavit
has been filed wherein it has been specifically pleaded that
tractor belonged to Manish Kumar. It is next submitted that
since petitioner is a resident of a place closed nearby where the
occurrence is alleged to have taken place, as such, he came to be
implicated at the instance of Chaukidar with whom he is on an
inimical term. It is further submitted that if privilege of
anticipatory bail is granted to the petitioners, the petitioners will
not abscond rather will cooperate in the investigation to prove
their innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
Patna High Court CR. MISC. No.86248 of 2025(3) dt.18-03-2026
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10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Mohanpur P. S. Case No.221 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S. with a further
condition that one of the bailors of the petitioner no.1 shall be
his father Gopla Paswan and one of the bailors of the petitioner
no.2 shall be his mother Savita Devi.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioners, despite
giving assurance to this Court, are not cooperating in the
investigation or are not presenting themself as and when
required, the learned trial Court shall be at liberty to cancel the
bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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