Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, seven residents of Kazipur village, applied for anticipatory bail fearing arrest in connection with FIR No.350 of 2025 alleging offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that on 20 September 2025 the accused, including the petitioners, assaulted an informant and her family members. The petitioners contended that the assault was actually committed by Vicky Kumar and Vivek Kumar, not them, and that they had approached the informant only to verify the whereabouts of a missing daughter, asserting they have no prior criminal record. The State opposed the bail but did not dispute the claim that the specific assault was by the other two individuals. The Court, noting the general nature of the allegations against the petitioners, their clean record, and the specific attribution of assault to others, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 BNSS.
- Whether the allegations against the petitioners are specific enough to deny bail.
- Whether the petitioners' lack of criminal antecedent warrants bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- Bharatiya Nyaya Sanhita
- assault
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9183 of 2026
Arising Out of PS. Case No.-350 Year-2025 Thana- DORIGANJ District- Saran
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1. Guddu Kumar S/o Jay Ram Roy R/o Village - Kazipur, Post - Rasalpur, P.S -
Doriganj, District - Saran at Chapra
2. Harendra Rai S/o Late Brahmdev Ray R/o Village - Kazipur, Post -
Rasalpur, P.S - Doriganj, District - Saran at Chapra
3. Sri Ram Rai @ Siya Ram Ray S/o Late Brahmdev Ray R/o Village -
Kazipur, Post - Rasalpur, P.S - Doriganj, District - Saran at Chapra
4. Indrajit Kumar @ Rahul Kumar S/o Sri Ram Rai @ Siya Ram Ray R/o
Village - Kazipur, Post - Rasalpur, P.S - Doriganj, District - Saran at Chapra
5. Sujit Kumar S/o Sumeshwar Ray R/o Village - Kazipur, Post - Rasalpur, P.S
- Doriganj, District - Saran at Chapra
6. Baby Devi W/o Harendra Roy R/o Village - Kazipur, Post - Rasalpur, P.S -
Doriganj, District - Saran at Chapra
7. Maha Sundari Devi W/o Sri Ram Rai @ Siya Ram Ray R/o Village -
Kazipur, Post - Rasalpur, P.S - Doriganj, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 22-04-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Doriganj P.S. Case No.350 of 2025, F.I.R dated
08.10.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 303(2), 352 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
Patna High Court CR. MISC. No.9183 of 2026(3) dt.22-04-2026
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3. According to prosecution case, on 20.09.2025 at
about 5:30 PM, while the informant was at her residence, all the
named accused persons along with others arrived armed and
began abusing her. When she objected, one accused assaulted
her. Upon intervention by her uncle Mukesh Rai, another
accused attacked the informant’s mother, Sita Devi, causing
injury to her palm. Other family members were also assaulted
by the accused persons, leading to the registration of the FIR.
4. Learned counsel for the petitioners submits that in
order to verify the details of the missing daughter of the
petitioner No.2, they had gone to the informant, who is said to
have returned home along with the informant after two days,
for which a quarrel is said to have taken place between them,
which led to filing of F.I.R. It has further been submitted that
there is case and counter case and both sides have sustained
injuries and the injuries sustained by the informant is caused by
Vicky Kumar and Vivek Kumar, who are not the petitioners in
this case. Lastly, it has been submitted that the petitioners have
no criminal antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application and has not controverted the
submissions made by the learned counsel for the petitioner with
Patna High Court CR. MISC. No.9183 of 2026(3) dt.22-04-2026
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regard to injuries caused by Vicky Kumar and Vivek Kumar.
6. Considering the aforesaid facts and circumstances
that the allegations levelled against the petitioners are general
and omnibus in nature and the specific allegation of assault is
against Vicky Kumar and Vivek Kumar and the petitioners have
no criminal antecedent. Accordingly, this Court is inclined to
grant the privilege of anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, 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 Court of A.C.J.M., Saran at Chapra, in connection
with Doriganj P.S. Case No.350 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
Patna High Court CR. MISC. No.9183 of 2026(3) dt.22-04-2026
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consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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