Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19067 of 2025 Arising Out of PS. Case No.-238 Year-2023 Thana- BYPASS District- Patna ====================================================== Guddu Kumar Son of Late Vijay Sahni @ Vinay Kewat Resident of village - Karmali Chak, P.S.- By-pass, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Adv For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 02-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bypass P.S. Case No. 238 of 2023 registered for the offences punishable u/s 302, 201 read with Section 34 of the I.P.C.
3. As per the prosecution case, a dead body of an unknown lady was found beside the Nala near gas agency.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is not named in the FIR and his name has surfaced on the confessional statement of the co-accused Suraj Kumar. It is next submitted that no incriminating article has been recovered from the
Patna High Court CR. MISC. No.19067 of 2025(4) dt.02-05-2025 2/3 conscious possession of the petitioner and during the course of the investigation, nothing has come to connect the petitioner with the aforesaid incident. It is further submitted that the coaccused, namely, Suraj Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 19.04.2024 passed in Cr. Misc. No. 26379 of 2024. It is lastly submitted that the petitioner has clean criminal antecedents and is in custody since 20.05.2023.
5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the name of the petitioner has surfaced on the confessional statement of the co-accused Suraj Kumar, who has accepted the guilt.
6. Considering the aforesaid submissions of the parties and taking into account the fact that the petitioner is not named in the FIR and his name has transpired on the confessional statement of the co-accused Suraj Kumar and also taking into account the fact that the petitioner has clean antecedent coupled with the fact that the petitioner is in custody since 20.05.2023, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection
Patna High Court CR. MISC. No.19067 of 2025(4) dt.02-05-2025 3/3 with Bypass P.S. Case No. 238 of 2023.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T