Guddu Kumar v. The State Of Bihar
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 ====================================================== 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 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.
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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
3/4 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
4/4 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