Guddu Kumar @ Om Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36173 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- VISHNUPAD District- Gaya ====================================================== Guddu Kumar @ Om Prakash Kumar S/O Rajan Bind R/O Vill.- Lakhanpur Vishnupad Temple, P.S.- Vishnupad, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Vishnupad P.S. Case No. 15 of 2025 dated 14.01.2025, instituted for the offence punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The allegation against the petitioner is that, he along with other accused person killed the brother of the informant on account of some monetary dispute. Co-accused Praduman Kewat is said to have fired upon the brother of informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.36173 of 2025(3) dt.13-08-2025 2/3 case. It is further submitted that there is no specific allegation against the petitioner rather the specific allegation is against coaccused, Praduman Kewat, who is said to have fired upon the brother of informant. Except his presence at the place of occurrence, no material has come against the petitioner during the course of investigation. Lastly, it has been submitted that the petitioner is in custody since 17.01.2025, he has three criminal case against him and 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 each to the satisfaction of the learned ACJM VI, Gaya/ Successor Court in Vishnupad P.S. Case No. 15 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.

Patna High Court CR. MISC. No.36173 of 2025(3) dt.13-08-2025 3/3

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.

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in this case. (Khatim Reza, J) sankalp/- U T