Patna High Court

Guddu Kumar SahversusThe State of Bihar

Decided: 8 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner.

Summary

Guddu Kumar Sah applied for bail in a case (Uchakagaon PS No.403 of 2025) involving alleged assaults with a knife under Sections 126(2), 115(2), 118(1), 109(1), 352 and 3(5) of the Bihar Negotiable Statutes. The prosecution alleged that Ritesh, the petitioner and Dhanu Kumar attacked the informant and others with a knife, while the petitioner contended he was falsely implicated, that the injuries to the victims were simple, and that the allegations against him were vague and omnibus. He has no prior criminal record and has been in judicial custody since 10‑11‑2025. The State opposed bail. After hearing both sides, the Court found the allegations against the petitioner insufficiently specific and, considering his clean record, ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

What is the appropriateness of granting bail to the petitioner given the nature of the offences and the evidence presented?
Whether the allegations against the petitioner are sufficiently specific to justify denial of bail.

Subjects

bail
criminal procedure
assault
knife attack
false implication
simple injury
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9674 of 2026
                   Arising Out of PS. Case No.-403 Year-2025 Thana- UCHKAGAON District- Gopalganj
                 ======================================================
                 Guddu Kumar Sah, S/o Laxuman Sah @ Lakshman Sah, R/o village -
                 Mathauli Khas, PS- Uchakagaon, Dist- Gopalganj, Bihar


                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sumit Shekhar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   08-04-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner has prayed for bail in connection

                   with Uchakagaon P.S. Case No. 403 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 118(1),

                   109(1), 352 and 3(5) of B.N.S.

                                3. The case of the prosecution, in short, is that one

                   Ritesh has assaulted with knife to Tuntun Chaurasiya. It is

                   further alleged that when the informant went to rescue, Ritesh,

                   the petitioner and one Dhanu Kumar have assaulted with knife

                   to the informant, Ankit Kmar and Suraj Kumar.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.9674 of 2026(4) dt.08-04-2026
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          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. It has further been submitted that main thrust of allegation

          is against Ritesh and the injuries of Tuntun Chaurasiya were

          found to be grievous in nature. However, the nature of allegation

          against the petitioner is general and omnibus. It is not clear as to

          whom he has assaulted. The injury report of the three victims,

          namely, Sintu, Ankit and Suraj goes to show that they have

          received simple injury caused by sharp cutting weapon. It has

          further been submitted that the allegation against the petitioner

          is that of general and omnibus nature and moreover, the injuries

          are simple. Petitioner is having no criminal antecedent and he is

          languishing in judicial custody since 10.11.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the

          application for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned C.J.M.,
             Patna High Court CR. MISC. No.9674 of 2026(4) dt.08-04-2026
                                                         3/3




                       Gopalganj, Bihar in connection with Uchakagaon P.S. Case No.

                       403 of 2025.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T

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