Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 121(1), 121(2), 132, 191, 191(2), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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