Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that bail is appropriate in the present circumstances and ordered the petitioner’s release on bail.
Summary
Guddu Kumar was arrested in connection with offences under Section 65(1) of the Bihar Narcotic Substances Act and Section 4 of the POCSO Act. The petitioner argued that the victim did not corroborate the FIR statements before the Judicial Magistrate under Section 183 of the BNSS, that there was a longstanding friendship between them, and that the FIR was lodged by the victim’s mother due to a family quarrel. He also highlighted his clean criminal record and that the investigation was complete. The informant’s counsel did not oppose the bail application and supported the petitioner’s submissions. Considering the lack of opposition, the victim’s non‑cooperation, the petitioner’s clean antecedent and the completed investigation, the court granted regular bail on a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether bail should be granted to an accused of offences under Section 65(1) of the Bihar Narcotic Substances Act and Section 4 of the POCSO Act when the victim does not support the FIR allegations.
- Whether the petitioner’s clean antecedent and completion of investigation justify bail.
- Whether the absence of opposition from the informant’s counsel influences the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 183, 65(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- bail
- criminal procedure
- POCSO Act
- Narcotic offences
- victim non‑cooperation
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89069 of 2025
Arising Out of PS. Case No.-84 Year-2025 Thana- MAIGRA District- Gaya
======================================================
Guddu Kumar S/o Sudama Prajapat @ Sudama Prajapati R/o Village - Bagpur
(Suhail), P.S - Salaiya, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o Village - Suhail, P.S - Salaiya, District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the State : Mr. Ram Sevak Choudhary, APP
For the Informant : Mr. Ratan Raj, Advocate
Mr. Krishna Prabhat, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Maigra P.S. Case No. 84 of 2025 registered for the offences
punishable under Section 65(1) of the B.N.S and Section 4 of
the POCSO Act.
3. The main submissions advanced by the petitioner’s
counsel are that the victim has not supported the prosecution’s
allegations made in the FIR before the Judicial Magistrate while
recording her statement under Section 183 of the BNSS and has
revealed that there was a long-standing friendship between her
and the petitioner and, on the alleged day of occurrence, nothing
happened with her, and the FIR of the present matter was
Patna High Court CR. MISC. No.89069 of 2025(2) dt.12-01-2026
2/2
registered by her mother due to a quarrel with the petitioner’s
father. It is lastly submitted that the petitioner bears no criminal
antecedent, has been languishing in jail since 03.11.2025, and
against him, the investigation has been completed.
4. Learned counsel appearing for the informant does
not oppose the prayer for bail of the petitioner and supports the
submissions made by the petitioner’s counsel.
5. Considering the above submissions, the averments
made in this application, petitioner’s fair and clean antecedent
and the completion of investigation against him and also taking
into account the fact that there is no opposition made by the
informant’s counsel to the petitioner's prayer for bail, in my
opinion, it is a fit case for bail to the petitioner. Accordingly, let
the petitioner named-above be released on bail on furnishing
bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the
concerned Court in connection with Maigra P.S. Case No. 84 of
2025.
(Shailendra Singh, J)
maynaz/-
U T
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