Guddu Kumar @ Guddu Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59411 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- KAMTAUL District- Darbhanga ====================================================== Guddu Kumar @ Guddu Chaupal S/o Shambhu Chaupal, R/o Village- Milki, P.S.- Kamtaul, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-11-2025 Heard the parties.

2. The petitioner seeks bail in connection with Kamtaul P.S. Case No. 57 of 2025 registered for the offences under Sections 64, 351(2) and 352 Bharatiya Nyaya Sanhita.

3. The petitioner is named in the F.I.R.

and is in custody since 14.03.2025.

4. It is submitted by learned counsel for the petitioner that the informant and petitioner both are acquainted to each other and as petitioner advanced loan to the husband of the informant prior to leaving country, which when asked to return, the present false case was lodged,

Patna High Court CR. MISC. No.59411 of 2025(3) dt.20-11-2025 2/3 making the informant instrumental. It is submitted that the medical report, nowhere suggests any incriminating material in support of the allegation.

5. Arguing further, it is submitted that the chargesheet in this case has already been submitted on 05.06.2025 through chargesheet no. 125/25, but not even a single prosecution witness was examined by the learned trial Court which is in complete defiance of Section 346(1) of the BNSS and in support of learned counsel relied upon the legal report as available through (2002) 4 SCC 578, in the case of P. Ramachandra Rao v. State of Karnataka.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of aforesaid factual submission and by taking note of overall background in which the present accusation was raised coupled with the fact that the compliance of timeline as available under Section 346(1) of the BNSS not appears followed, coupled with the fact as petitioner remains in custody since 14.03.2025, accordingly

Patna High Court CR. MISC. No.59411 of 2025(3) dt.20-11-2025 3/3 above named petitioner, is directed to be released on bail in connection with Kamtaul P.S. Case No. 57 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga/concerned Court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

(Chandra Shekhar Jha, J) Shahnawaz/- U T