Guddu Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54948 of 2025 Arising Out of PS. Case No.-1195 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Guddu Das S/o Late Mangan Das R/o Tatma Toli Shiv Mandir, P.S. - K.Hat (Maranga), District - Purnea ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar, Adv.
For the Opposite Party/s :
Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail in connection with K. Hat Maranga P.S. Case No. 1195 of 2023 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code and section 27 of the Arms Act.
3. As per prosecution case, there is allegation against the petitioner that he alongwith other co-accused persons came began to stop the work of boundary and started assaulting. It is alleged that co-accused Arun Mandal assaulted the informant's brother Ganesh Kumar on his by means of iron rod. It is further alleged that when informant's brother fell on the ground, co-accused Bouka Oraon snatched his gold chain worth Rs. 50,000/-. It is also alleged that co-accused Nepali Oraon
Patna High Court CR. MISC. No.54948 of 2025(2) dt.12-08-2025 2/3 made firing on the informant by his pistol which hit the left hand of the informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. It is submitted that there is no specific over act against the petitioner of assaulting the informant or his brother. Petitioner is in custody since 24.06.2025. Petitioner bears no criminal antecedent. It is orally submitted that chargesheet has already been submitted and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view the clean antecedent, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and the argument advanced on behalf of both sides, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with K. Hat (Maranga) P.S. Case No. 1195
Patna High Court CR. MISC. No.54948 of 2025(2) dt.12-08-2025 3/3 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) mcverma/- U T