Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the petitioner participated in the killing of the deceased.
Summary
Guddu Kumar, the petitioner, applied for bail in a case registered as Garkha P.S. Case No. 712 of 2024, alleging offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He has been in custody since 18 November 2024 and is accused, along with others, of brutally murdering the deceased. The petitioner’s counsel argued that there is no specific allegation against him and therefore he deserves bail. The State opposed the bail, contending that the petitioner participated in the murder. Justice Sandeep Kumar, after considering the participation of the petitioner in the killing, refused to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner accused of murder and possession of arms under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- bail
- murder
- Arms Act
- Bharatiya Nyaya Sanhita
- high court
- criminal procedure
- Saran district
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91484 of 2025
Arising Out of PS. Case No.-712 Year-2024 Thana- GARKHA District- Saran
======================================================
Guddu Kumar S/o- Late Raj Kumar Chaudhary Village- Kuldeeep Nagar, 44
no. Dhala, P.S. Chapra Muffasil, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Rajani Kumari, Advocate
For the State : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Garkha
P.S. Case No. 712 of 2024 registered for the offence punishable
under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita
and Section 27 of the Arms Act.
3. The petitioner along with others is accused of
brutally killing the deceased.
4. The petitioner is in custody since 18.11.2024.
5. Learned counsel for the petitioner submits that
there is no specific allegation against the petitioner, therefore, he
deserves bail.
6. Learned counsel for the State has vehemently
opposed the prayed for bail and has submitted that it is a case of
Patna High Court CR. MISC. No.91484 of 2025(4) dt.25-03-2026
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brutal murder of the deceased by the criminals.
7. Considering the fact that the petitioner has
participated in the killing of the deceased, I am not inclined to
grant bail to the petitioner.
8. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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