Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25552 of 2026 Arising Out of PS. Case No.-583 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== 1.
Guddu Kumar S/O Dilip Singh @ Dileep Mahto R/O Vill.- Mathura, P.s.- Bidupur, Dist.- Vaishali 2.
Uday Kumar S/O Dilip Singh @ Dileep Mahto R/O Vill.- Mathura, P.s.- Bidupur, Dist.- Vaishali 3.
Abhishek Kumar S/O Dilip Singh @ Dileep Mahto R/O Vill.- Mathura, P.s.- Bidupur, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP For the informant :
Ms. Bela Singh, Advocate Mr. Rajeev Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-07-2026 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State
2. The petitioners who apprehend arrest in connection with Bidupur P.S. Case No. 583 of 2025, for the offences punishable under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged against seven named accused persons with allegation that on the alleged date and time, the informant woke up on hearing some noise and saw 8-10 persons taking away his father towards the Kali Mandir. Thereafter, the informant, along with his uncle,
Patna High Court CR. MISC. No.25552 of 2026(3) dt.15-07-2026 2/3 rushed towards the place of occurrence and allegedly saw the F.I.R.-named accused persons fleeing away from the banana garden. On reaching near the temple, the informant found his father lying in an injured condition with bleeding head injuries, who subsequently succumbed to the injuries. It is further alleged that there was a prior land dispute between the parties and, two days prior to the occurrence, the deceased had also been threatened with dire consequences.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence and have falsely been implicated in the present case on account of a land dispute. It is submitted that there is no eye-witness to the occurrence and the allegations are false. It is further submitted that petitioner nos. 2 and 3 have clean antecedents and no specific allegation has been attributed against them. He further submits that the case diary has been called for by this Hon'ble Court. As regards petitioner no. 1, there is general and omnibus allegation against him.
5. Learned APP for the State as well as learned counsel for the informant oppose the prayer for anticipatory bail and submit that petitioner no. 1 has been specifically named in the F.I.R. and there are specific allegations against him with
Patna High Court CR. MISC. No.25552 of 2026(3) dt.15-07-2026 3/3 regard to the commission of the offence. It is further submitted that the accusation against petitioner no. 1 stands on a different footing from that of petitioner nos. 2 and 3.
6. In the facts and circumstances of the case, let the Petitioner No. 2 and 3 be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- (Rupees ₹ Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned Judicial Magistrate 1st Class, Vaishali, in connection with Bidupur P.S. Case No. 583 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
7. So far petitioner no.1 is concerned, considering the fact that allegation against him is specific in the FIR, this Court is not inclined to grant bail to him. Accordingly, the prayer for bail with respect to petitioner no.1 stands rejected. (Dr. Anshuman, J) Manshi/Ashwini U T