Patna High Court
Guddu Kumar @ Guddu Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In the absence of specific allegations against the petitioner and given his clean antecedent, bail must be granted subject to reasonable conditions.
Summary
Guddu Kumar was arrested on 31 March 2025 in connection with FIR dated 8 February 2025 alleging assault on a complainant’s daughter. The FIR charges him under Sections 103(1), 61 and 3(5) of the Bharatiya Nyay Sanhita, 2023, but the prosecution’s case is described as a general, omnibus allegation without specific acts attributed to him. The petitioner argued that he has a clean antecedent and that the charge sheet does not specifically implicate him. The Additional Public Prosecutor opposed bail, asserting the petitioner’s participation in the crime. The High Court, noting the lack of specific allegations and the petitioner’s clean record, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to the Chief Judicial Magistrate, Madhepura.
Issues considered
- Whether bail should be granted when the charge sheet contains only a general, omnibus allegation against the accused.
- Whether the petitioner’s clean antecedent and lack of specific allegations justify bail under the Bharatiya Nyay Sanhita, 2023.
- Whether the conditions imposed on bail are lawful and appropriate.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5), 61
Subjects
- bail
- criminal procedure
- omnibus charge
- clean antecedent
- Bharatiya Nyay Sanhita
- conditions of bail
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90845 of 2025
Arising Out of PS. Case No.-177 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Guddu Kumar @ Guddu Kumar Sharma Son of Umesh Sharma Resident of
village- Dhurgaon, Ward no. 09, Ps- Madhepura (Bharrahi OP), Dist-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Binod Kumar Sinha, learned counsel for
the petitioner as well as Mr. Abhay Kumar Roy, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
31.03.2025 in connection with Madhepura (Bharrahi O.P.) P.S.
Case No. 177 of 2025, F.I.R. dated 08.02.2025 for the offences
punishable under Sections 103(1), 61, 3(5) of the Bharatiya
Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that on information that the petitioner was beating his
daughter, went to the petitioner’s house to pacify the matter,
there the petitioner and other co-accused persons assaulted him
by means of lathi, danda and dabiya.
Patna High Court CR. MISC. No.90845 of 2025(2) dt.13-01-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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 him rather
the allegation against all the accused persons including the
petitioner is general and omnibus in nature and police after
investigation submitted charge-sheet. The petitioner is in
custody since 31.03.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner participated in the present crime in
question.
6. Considering the aforesaid facts and circumstances,
there is no specific allegation against the petitioner and the
petitioner has clean antecedent 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 Judicial Chief Judicial Magistrate,
Madhepura in connection with Madhepura (Bharrahi O.P.) P.S.
Case No. 177 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.90845 of 2025(2) dt.13-01-2026
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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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