Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35322 of 2025 Arising Out of PS. Case No.-155 Year-2024 Thana- SARAI RANJAN District- Samastipur ====================================================== Guddu Kumar Shyam Ram R/o Vill- Gangsara, P.S.- Sarairanjan, DisttSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lovekush Kumar, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Sarairanjan P.S. Case No. 155 of 2024 for the offence under Sections 127(2), 115(2), 109, 3(5) of the BNS.
3. As per the prosecution story, the informant has alleged that on 30.10.2024, When her two sons went at the house of Shyam Ram to ask for their wages, which had remained unpaid for nearly three months. Shyam Ram told them to return the same on the next day as it was evening. When her son Rajiv again insisted for payment, Shyam Ram said that he would give the money and took them to a garden near his house. There, Guddu Kumar and some of his associates were present. Upon instigation of Rajiv Kumar, his son namely Guddu Kumar (petitioner) assaulted the son of the informant on his chest by
Patna High Court CR. MISC. No.35322 of 2025(3) dt.20-08-2025 2/3 means of knife due to which blood started ouzing out and he lost his consciousness. Thereafter, she was informed by her younger son regarding this incident and injured was sent to Primary Health Centre, Sarairanjan.
4. Learned counsel for the petitioner submits that the petitioner is innocent having committed no offence whatsoever has been falsely implicated in a totally false and concocted case. As a matter of fact, the present case is counter blast of Sarairanjan P.S. Case NO. 160 of 2024. It is further submitted that F.I.R. has been lodged after four days of the occurrence without giving explanation for this delay.
5. Learned APP opposes the prayer for bail submitting that there is specific allegation against the petitioner that he assaulted the son of the informant by means of knife causing grievous injury.
6. From perusal of F.I.R., it appears that there is specific and direct allegation against the petitioner that he inflicted dagger injury to the son of the informant namely, Rajiv Kumar on his chest due to which blood started ouzing out. The injury report mentioned in para 44 of the case diary supports the injury as alleged in the F.I.R. and the injury has been found dangerous to life. Investigation is still going on.
Patna High Court CR. MISC. No.35322 of 2025(3) dt.20-08-2025 3/3
7. Keeping in view the aforesaid facts and considering the specific allegation against the petitioner as also the nature of injury, I am not persuaded to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer of anticipatory bail of the petitioner stands rejected.
8. However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the Court below on its own merit, without being prejudiced by this order of this Court.
(S. B. Pd. Singh, J) Ankit Kumar/- U T