Patna High Court
Guddu RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to strict conditions.
Summary
Guddu Rajbanshi was arrested on 23 May 2025 in connection with a case of assault on a railway guard, alleged under several sections of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case relied on a confession obtained from the petitioner and his prior criminal antecedent, while the petitioner contended that he was not named in the FIR and was falsely implicated based on secret information. He argued that no other material linked him to the offence. The Additional Public Prosecutor opposed bail, emphasizing the confession and the seriousness of the charges. The High Court, after considering the circumstances, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence, and directed verification of his criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner despite his confession and prior criminal antecedent.
- Whether the confession obtained from the petitioner is sufficient ground to deny bail under the Bharatiya Nyay Sanhita.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 132, 190, 191(2), 303(2), 61(2), 62
Subjects
- bail
- criminal procedure
- confession
- assault
- Bharatiya Nyay Sanhita
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87478 of 2025
Arising Out of PS. Case No.-247 Year-2025 Thana- RAJGIR District- Nalanda
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Guddu Rajbanshi Son of Saryug Rajbanshi Resident of Mohalla - Near
Anumandal Sidepur Rajgir, P.S.- Rajgir, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar No. I, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Anil Kumar No. I, learned counsel for
the petitioner as well as Mr. Mohammed Arif, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.05.2025 in Sessions Trial No. 710 of 2025 arising out of
Rajgir P.S. Case No. 247 of 2025, F.I.R. dated 12.05.2025 for
the offences punishable under Sections 191(2), 190, 126(2),
115(2), 132, 109(1) of the Bharatiya Nyay Sanhita, 2023 and
charge-sheet has also been submitted under Section 191(2), 190,
126(2), 115(2), 132, 109(1), 61(2), 303(2), 62 of the Bharatiya
Nyay Sanhita, 2023.
3. According to prosecution case, the informant who
was on duty of Raiwlay Property as Railway guard on
12.05.2025, got information that 5-6 suspected persons were
seen behind TRD office. On this, when he reached near the
Patna High Court CR. MISC. No.87478 of 2025(2) dt.15-01-2026
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place of occurrence, the accused persons assaulted him by
means of rod and due to which he received injury and later
admitted to Sadar Hospital, Rajgir for treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner is not named in the FIR and his
name transpired on the basis of secret information and thereafter
the petitioner confessed his guilt and except the confessional
statement of petitioner, no other cogent material has come
during investigation which suggest the involvement of the
petitioner in the present occurrence. He further submits that the
police after investigation submitted the charge-sheet and the
petitioner is in custody since 23.05.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner has confessed his guilt before the
police and apart from that the petitioner carries one criminal
antecedent other than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 Additional
Patna High Court CR. MISC. No.87478 of 2025(2) dt.15-01-2026
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Session Judge-XI, Biharsharif, Nalanda in connection with
Rajgir P.S. Case No. 247 of 2025, subject to the 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 bonds 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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