Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39234 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- MAIRWAN District- Siwan ====================================================== Guddu Kumar Son of Late Virendra Ram Resident of Village- Semra, PSMairwa, Distt.- Siwan ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Kumari Anupam, Adv For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner, and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Mairwa P.S.Case No. 47 of 2025 registered for the offences punishable under Section 140 (3), 103(1), 238, 61 of BNS.
3. As per allegation, the husband of the informant was going to the house of Manawati Devi and when he did not return till late night, the informant inquired from Manawati Devi and she came to know that he had not gone there. Hence, the informant has filed the written report to the police. In the course of investigation, the dead body of the husband of the Informant
Patna High Court CR. MISC. No.39234 of 2025(3) dt.16-09-2025 2/3 was recovered. However, as per the postmortem report cause of death could not be ascertained and viscera was preserved and sent for report.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The FIR has been lodged against unknown persons and the Petitioner has nothing to do with the alleged offence. He also submits that there is no cogent material on record against the Petitioner except the so called confessional statement of coaccused, Ajay Kumar Ram, before the police, which is inadmissible in eye of law.
5. It is also stated in paragraph-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 is also stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. Learned APP for the State vehemently opposes the anticipatory bail.
8. Considering the fact that except the inadmissible confessional statement of the co-accused before the police, there is no other material which could connect the petitioner with the alleged offence, this petition is allowed, directing the above
Patna High Court CR. MISC. No.39234 of 2025(3) dt.16-09-2025 3/3 named, petitioner, be enlarged on bail, in the event of his arrest/ surrender within a period of eight weeks from today on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Siwan in connection with Mairwa P.S. Case No. 47 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S., and on the following conditions;- (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, 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 the statement regarding previous bail petition is wrong. Learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.) N.K/- U T