Patna High CourtCR. MISC./64904/2025bail granted

Guddu Kumar v. The State Of Bihar

2025-09-17Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64904 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- MAINATAND District- West Champaran ====================================================== Guddu Kumar S/O Dharamraj Choudhary R/O Village- Lipani, P.SMainatand, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Mainatand P.S. Case No. 122 of 2025, registered for the offences under Sections 115(2), 118(2), 126(2), 109(1), 303(2), 351(2), 352, 3(5) of the B.N.S.

3. As per the prosecution case, petitioner and coaccused persons took away the son of the informant from the school and snatched his mobile phone, ATM card and Rs.1100/- in cash. Thereafter, they put him down and co-accused Khalid Hussain stabbed him with a knife while the petitioner and coaccused Lambu Kumar had caught hold of the son of the informant.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.64904 of 2025(2) dt.17-09-2025 2/3 petitioner submits that petitioner has been falsely implicated in this case and he is innocent. The informant is not an eye witness and the allegation of assault by knife is against co-accused Khalid Hussain. Learned counsel further submits that the victim has not stated that the petitioner assaulted him except for saying that the petitioner and the co-accused persons took him to a distance of 500 meter away from the school and snatched his mobile phone, ATM card and Rs. 1100/-. The petitioner was not having any weapon. Thus, there is no specific allegation of assault against the petitioner who is having clean antecedent and is in custody since 26.06.2025.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering no allegation of assault against the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran/concerned court, in connection with Mainatand P.S. Case No. 122 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other

Patna High Court CR. MISC. No.64904 of 2025(2) dt.17-09-2025 3/3 following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T