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Patna High Court

Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of a specific allegation of assault or overt act and given the petitioner’s clean antecedent, the Court granted bail.

Summary

Guddu Kumar, a resident of Hempur, sought bail after being named in an FIR (Nauhatta PS Case No. 178 of 2024) for alleged offences under the Bhartiya Nyay Sanhita, 2023, arising from a vehicle check where a bike without a number plate led to a confrontation with police. The petitioner argued that he has a clean antecedent and that the FIR does not contain any specific allegation of assault or overt act against him, noting that similarly situated co‑accused had already been granted anticipatory bail. The Additional Public Prosecutor opposed the bail. The Court examined the lack of specific allegations, the petitioner’s clean record, and the precedent of bail to co‑accused, and consequently ordered that the petitioner be released on bail subject to a bond of Rs.10,000 with two sureties and several conditions under CrPC Section 438(2) and the Bhartiya Nagarik Suraksha Sanhita Section 482(2). The bail order required the petitioner to cooperate with the trial, appear in court as directed, and not tamper with evidence or conceal antecedents.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite being named in the FIR.
  • Whether the FIR contains a specific allegation of assault or overt act against the petitioner.
  • Whether the clean antecedent of the petitioner and the grant of bail to co‑accused justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • criminal procedure
  • Bhartiya Nyay Sanhita
  • clean antecedent
  • police obstruction
  • Section 438 CrPC
  • Section 482 BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86770 of 2025
                      Arising Out of PS. Case No.-178 Year-2024 Thana- NAUHATTA District- Saharsa
                 ======================================================
                 Guddu Kumar Son of Navin Kumar Nishad Resident of Village- Hempur,
                 P.S.- Nauhatta, District- Saharsa                   ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER
2   08-01-2026                  Heard Mr. Chandra Mohan Jha, learned counsel for

                   the petitioner and Mr. Tarkeshwar Nath Thakur, learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Nauhatta P.S. Case No. 178 of 2024, F.I.R.

                   dated 09.08.2024 for the offences punishable under Sections

                   191(2), 191, 121(1), 121(2), 132, 352, 351(2) of the Bhartiya

                   Nyay Sanhita, 2023.

                               3. As per the First Information Report, the police

                   personnel were checking the vehicles in that course, they found

                   one Deepak Singh was having a bike without number. Upon

                   investigation, he objected and other people arrived there and all

                   of them objected the police. They misbehaved with the police

                   personnel.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.86770 of 2025(2) dt.08-01-2026
                                            2/3




          implicated in the present case. Although the petitioner is named

          in the FIR but from bare perusal of the FIR it appears that there

          is no specific allegation of assault or overt act against all the

          accused persons including the petitioner and similarly situated

          co-accused persons, namely, Bambam Kamat and others have

          been granted the privilege of anticipatory bail by co-ordinate

          Bench of this Court vide order dated 28.11.2024 in Cr. Misc.

          No. 79641 of 2024.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          there is no specific allegation of assault or overt act against the

          petitioner and the petitioner has clean antecedent and similarly

          situated co-accused persons have been granted the privilege of

          anticipatory bail by co-ordinate Bench of this Court, let the

          petitioner, above named, in the event of arrest or surrender

          before the court below within a period of thirty days from the

          date of receipt of the order, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned J.M. 1 st

          Class, Saharsa in connection with Nauhatta P.S. Case No. 178 of

          2024, subject to the conditions as laid down under Section
            Patna High Court CR. MISC. No.86770 of 2025(2) dt.08-01-2026
                                                        3/3




                      438(2) of the Code of Criminal Procedure / Section 482(2) of

                      the Bhartiya Nagarik Suraksha Sanhita and with other following

                      conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-
U      T


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