Patna High CourtCR. MISC./35465/2025bail granted

Guddu Ram @ Guddu Kumar v. The State Of Bihar

2025-06-18Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35465 of 2025 Arising Out of PS. Case No.-646 Year-2024 Thana- FATUA District- Patna ====================================================== GUDDU RAM @ GUDDU KUMAR S/O HARLAL RAM R/O VILLAGESONARU, P.S- FATUHA, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the State :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Fatuha P.S. Case No. 646 of 2024, dated 15.09.2024, registered for the offences punishable under Sections 126, 115(2), 109 and 351(2) of B.N.S., 2023.

3. As per allegation, the petitioner assaulted the informant-brother on his head by iron rod when he refused to clean the drainage.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the occurrence had taken place in the heat of the moment and there is no intention of the petitioner to cause any harm or death of the informant. Even as per the

Patna High Court CR. MISC. No.35465 of 2025(2) dt.18-06-2025 2/3 medical opinion, the injury caused on the person of the informant is simple in nature. Hence, offence of attempt to murder is not made and at most, it is a case of simple hurt which is a bailable offence.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Fatuha P.S. Case No. 646 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

Patna High Court CR. MISC. No.35465 of 2025(2) dt.18-06-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T