Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRAVEEN KUMAR
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
Guddu Kumar was apprehended for a burglary case (Harnaut P.S. Case No. 266 of 2025) involving armed entry, threat to a child, and theft of ornaments, cash, a mobile phone and a TV valued at approximately Rs. 2,95,500. The petitioner sought anticipatory bail, arguing that his name appeared only in the co‑accused’s confessional statement and that he had a prior similar criminal antecedent. The State, represented by the Additional Public Prosecutor, opposed the bail on the grounds of the seriousness of the offences under Section 309(4) of the Bihar Negotiable Instruments Act. The court examined the allegations, the presence of the petitioner’s name in the confessional statement, and his prior record. Concluding that the circumstances did not warrant bail, the court dismissed the anticipatory bail petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case of burglary and armed threat under Section 309(4) of the Bihar Negotiable Instruments Act.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4)
Subjects
- anticipatory bail
- burglary
- armed threat
- confessional statement
- criminal antecedent
- Section 309
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9626 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Guddu Kumar Son of Subodh Kumar Yadav @Loha Singh@ Subodh Yadav
@ Lala Singh Resident of Village- Cheron, P.S.- Harnaut, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar No. I, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Harnaut P.S. Case No. 266 of 2025 dated
05.06.2025 registered for the offences punishable under Section
309(4) of B.N.S
3. As per the allegation, the informant alleged that on
04.06.2025 at about 1.30 A.M. when the whole family was slept,
four miscreants entered her house by roof. On hearing the noise,
she woke up and saw that the miscreants were standing near his
sleeping son, namely, Sunny Kumar, pointing pistol on him. and
told to bring the key of Godrej and after getting the key, two of
them entered into the adjacent room and open the lock of Godrej
and took away ornaments and cash. They also took away three
Patna High Court CR. MISC. No.9626 of 2026(3) dt.22-04-2026
2/2
mobile phone and one T.V. which was installed in verandah. The
informant has firm belief that total cost of stolen goods was at
about Rs. 2,95,500/-(Two lakh ninety five thousand Five
hundred).
4. Learned counsel for the petitioner has submitted
that the name of the petitioner has transpired in the confessional
statement of co-accused person. The petitioner has got one
criminal antecedent also of similar nature.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this Court is not inclined to grant anticipatory bail to
the petitioner and the same is accordingly dismissed.
(Praveen Kumar, J)
shivam/-
U T
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