Patna High Court
Guddu KumarversusThe State Of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- R P MISHRA
Holding
Anticipatory bail was granted to Guddu Kumar and Suresh Chaudhary but denied to Minesh Chaudhary.
Summary
The petitioners Guddu Kumar, Suresh Chaudhary and Minesh Chaudhary were implicated in a case (Bairiya PS Case No. 182 of 2025) for offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault on an informant. They applied for anticipatory bail, claiming false implication and lack of specific allegations against them. The State opposed the bail, alleging that Guddu and Suresh held the informant while Minesh assaulted him with an iron rod. The Court granted anticipatory bail to Guddu Kumar and Suresh Chaudhary upon surrender within six weeks, subject to bail bonds and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. However, the Court denied anticipatory bail to Minesh Chaudhary, noting the direct allegation of assault, though it allowed him to seek regular bail upon surrender.
Issues considered
- Whether anticipatory bail is appropriate for petitioners Guddu Kumar and Suresh Chaudhary given the nature of the allegations.
- Whether anticipatory bail should be denied to Minesh Chaudhary due to the specific allegation of assault with an iron rod.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(3), 3(2), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarika Suraksha Sanhita
- section 482
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9116 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
1. Guddu Kumar S/O Suresh Chaudhary R/O Village- Bagahi Ratanpura,
Police station- Bairiya, District- West Champaran
2. Suresh Chaudhary S/O Hiralal Chaudhary R/O Village- Bagahi Ratanpura,
Police station- Bairiya, District- West Champaran
3. Minesh Chaudhary S/O Suresh Chaudhary R/O Village- Bagahi Ratanpura,
Police station- Bairiya, District- West Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr.Ram Sevak Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Bairiya P.S. Case No. 182 of 2025, instituted for the
offences under Sections 126(2), 115(2), 118(1), 109, 303(3),
352, and 3(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that petitioners along
with other co-accused persons abused and assaulted the
informant due to which he sustained injuries.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Patna High Court CR. MISC. No.9116 of 2026(2) dt.05-02-2026
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Learned counsel for the petitioners submitted that general and
omnibus allegation has been made against the petitioners. No
specific overt act is alleged against the petitioners. It has been
submitted on behalf of the petitioners that the petitioner have
three criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners. There is
specific allegation against the petitioners that petitioner No.1
and other co-accused caught hold the informant and on the order
of petitioner No.2, Petitioner no.3 Minesh Chaudhary assaulted
the informant by means of iron rod on his head. Therefore,
petitioners do not deserve to be released on anticipatory bail.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner No.1 and 2 namely Guddu Kumar
and Suresh Chaudhary, in the event of arrest/surrender before
the learned Court below within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds
of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Bairiya P.S. Case
No. 182 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
Patna High Court CR. MISC. No.9116 of 2026(2) dt.05-02-2026
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2023.
7. So far as petitioner No.3 Minesh Chaudhary is
concerned, considering nature and gravity of offence and there
is direct allegation of assault against the petitioner No.3, in my
view, this is not a fit case for anticipatory bail.
8. Accordingly, the prayer for grant of anticipatory
bail to the petitioner no.3 Minesh Choudhary is, hereby,
rejected.
9. However, if the petitioner No.3 surrenders before
the learned court below within a period of six weeks from today
and prays for regular bail, the same shall be disposed of on its
own merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
manish/-
U T
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