Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3271 of 2025 Arising Out of PS. Case No.-518 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Guddu Kumar S/o Valmiki Prasad R/o Village- Ghoshi, P.O. and P.S.- Ghoshi, District- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP For the Informant :

Mr. Vikash Kumar, Advocate :

Mr. Anupam Bahadur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Ghoshi P.S. Case No. 518 of 2024 instituted for the offences under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Accusation against the accused persons including the petitioner is of commission of murder of the informant's husband.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that there is no eye-witness

Patna High Court CR. MISC. No.3271 of 2025(3) dt.22-04-2025 2/3 to the occurrence and the petitioner has been named only on the basis of previous enmity. No specific overt act is alleged against the petitioner. Learned counsel further submitted that as per material that cropped up during investigation, there is strong suspicion against co-accused Vicky Kumar and no any cogent material has come up against this petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.10.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant further submitted that co-accused Vicky Kumar along with this petitioner committed the murder of the informant's husband.

6. Considering the aforesaid facts and circumstances of the case and except suspicion, there being no specific material against the petitioner and the strong suspicion being against co-accused Vicky Kumar as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.3271 of 2025(3) dt.22-04-2025 3/3 below/concerned Court in connection with Ghoshi P.S. Case No. 518 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T