Patna High CourtCR. MISC./58971/2025bail granted

Guddu Kumar v. The State Of Bihar

2025-09-09Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58971 of 2025 Arising Out of PS. Case No.-685 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Guddu Kumar Son of Rajendra Prasad Resident Of Village - Anaith, P.S. - Nawada, Ara, Dist. -Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Gopal Krishna, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Nawada P.S. Case No. 685 of 2024, dated 16.09.2024, registered for the offences punishable under Sections 109, 3(5) of Bhartiya Nyaya Sanhita and 25(1-B)(a), 27, 35, 26 of the Arms act.

3. As per allegation, four persons came on two motorcycles and two of them were the co-accused, Vijay Choudhary and Raju Choudhary and the rest two persons were unknown to the informant. As per further case of the informant, co-accused, Vijay Choudhary shot at the son of informant.

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

Patna High Court CR. MISC. No.58971 of 2025(2) dt.09-09-2025 2/3 case. He further submits that the petitioner is not named in the FIR, but the police is suspecting his role in the alleged offence without any legal basis, and hence, he has apprehension of arrest at the hands of the police.

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 fact that there is no direct allegation against the petitioner, 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 Nawada P.S. Case No. 685 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.58971 of 2025(2) dt.09-09-2025 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