Guddu Thakur @ Guddu Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2909 of 2026 Arising Out of PS. Case No.-308 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Guddu Thakur @ Guddu Kumar Thakur, S/o- Vijay Thakur, Resident of Village- Dullipatti, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Jaynagar P.S. Case No. 308 of 2025 dated 11.09.2025 instituted for the offence punishable under Sections 316(2), 308(2), 303(2), 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant gave Rs. 5000/- to Guddu Thakur. On 26.08.2025 at about 12:00 Noon, the petitioner called the informant to his house to return the said amount and asked him to give the key of this motorcycle bearing Reg. No. BR32AV7871. The informant gave him the key of the motorcycle. It is further alleged that after two hours, the petitioner called the informant and said him to flee from his house otherwise he will kill and also he will not return the
2/4 motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner further submits that the petitioner and the informant are friend and well-acquainted with each other. It is further submitted that the informant himself is a criminal and he had come to the house of the petitioner on his motorcycle and demanded extortion but the petitioner refused and assaulted the informant, due to which he fled away leaving his motorcycle. From perusal of the F.I.R., it appears that the informant himself gave the motorcycle to the petitioner which was also seized from the house of the petitioner. There is no allegation that the petitioner demanded Rs. 5000/- from the informant. Lastly, it has been submitted that the petitioner is in custody since 18.10.2025 having three criminal cases against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount
3/4 each to the satisfaction of the learned C.J.M., Madhubani in connection with Jaynagar P.S. Case No. 308 of 2025, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
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5. The petitioner within two weeks after his release from custody shall appear before the local police station along with a copy of this order and thereafter shall appear in the first week of every month to mark his attendance till framing of charge.
(Khatim Reza, J) premchand/- U T