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Patna High Court

Guddu Paswan @ Guddu Kumar BhartiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                           3/3




                         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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