Guddu Kumar @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67731 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- PHULPARAS District- Madhubani ====================================================== Guddu Kumar @ Pankaj Kumar S/O Umakant Yadav R/O Village- Navtol, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Phulparas P.S. Case No. 28 of 2025 registered for the alleged offences under Sections 281, 303(2), 352, 109(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

03. As per prosecution case, petitioner and other coaccused persons came on a Scorpio vehicle and tried to snatch the keys of the motorcycle of the informant and his phone and cash and when the informant resisted, the petitioner took out a country made katta from his vehicle and fired upon the leg of the informant who received a gunshot injury.

04. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.67731 of 2025(3) dt.05-01-2026 2/3 petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the prosecution story is not believable and no occurrence as alleged in the manner has ever taken place. No motive or reason for the occurrence has been mentioned in the written report of FIR. The petitioner is a student of graduation and is having clean antecedent. Learned counsel further submits that the petitioner is in custody since 25.04.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner that he fired upon the informant and one gunshot injury has been found on the leg of the informant.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jhanjharpur, District-Madhubani/court concerned in connection with Phulparas P.S. Case No. 28 of

Patna High Court CR. MISC. No.67731 of 2025(3) dt.05-01-2026 3/3 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the 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.

(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) Ashish/- U T