Allowed

Guddu Kumar v. The State of Bihar

Patna HC1 Aug 2025CR. MISC./20672/2025

Case brief

AI extract

What is this about?

Regular bail sought under Sections 140, 103(1), 61(2) BNS for a murder. Court found nothing prima facie incriminating beyond a co-accused's confessional statement, noting completed investigation and charge-sheet, and granted bail with standard conditions.

What did the court decide?

Both petitioners released on bail on furnishing bail bond of Rs.10,000/- each with two like sureties, subject to Section 437(3) Cr.P.C./Section 480(3) BNSS conditions.

Guddu Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20672 of 2025

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Arising Out of PS. Case No.-208 Year-2024 Thana- THAWE District- Gopalganj

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======================================================

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Guddu Kumar S/O Dinanath Prasad Resident of Village- Purani Chowk Ward No. 20, P.S- Gopalganj, Distt.- Gopalganj.

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Mani Pandey S/O Amrit Pandey R/O Purani Chowk Ward No. 17, P.SGopalganj, Distt.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Adesh Raj For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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5 01-08-2025

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Heard learned counsel appearing on behalf of

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the parties.

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The petitioners seeks bail in connection with

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Thawe P.S. Case No. 208 of 2024 registered for the offence under Sections 140, 103(1), 61(2) of BNS.

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The petitioners are named in the F.I.R. where petitioner no. 1 is in custody since 01.09.2024 and petitioner no. 2 is in custody since 11.09.2024.

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As per FIR, the husband of the informant was

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murdered by named co-accused and some unknown

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persons.

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Patna High Court CR. MISC. No.20672 of 2025(5) dt.01-08-2025 2/4

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Learned counsel appearing on behalf of the

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petitioners submitted that initially before the occurrence U.D. Case No. 9 of 2024 was lodged for recovery of dead body of the husband of the informant and thereafter on the basis of information of the wife of the deceased the present FIR was lodged making Suraj Patel the accused, who was the person who called deceased on last occasion i.e., on 30.07.2024 from his home. It is submitted that

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name of this petitioner transpired on the basis of confessional statement of one apprehended co-accused Govinda Kumar and, thereafter, the confession of petitioner was also recorded having inculpatory statement. It is submitted that in furtherance of confessional statement and also the same confession of petitioner, no incriminating material recovered/ surfaced

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as to connect petitioner prima-facie with present crime in question. It is submitted that interestingly the viscera of the deceased was preserved for one long year in police station itself and only after the interference of S.P.,

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Patna High Court CR. MISC. No.20672 of 2025(5) dt.01-08-2025 3/4

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Gopalganj same was sent for forensic examination on 19.07.2025 itself. It is pointed out that from postmortem report no external injury can be gathered upon deceased, where cause of death also could not ascertained. It is pointed that as per confessional statement it transpires that out of over dozing of “smack”, the husband of the informant died. While concluding the argument, it is submitted that petitioner no. 1 found involved in four more criminal cases of different nature where he is on bail in all the cases and petitioner no. 2 is a man of clean antecedent and moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

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Learned APP opposes the prayer of bail.

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In view of aforesaid factual submission and by

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taking note of fact as save and except suspicions arising out of confessional statement of co-accused nothing prima-facie incriminating appears as to connect

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Patna High Court CR. MISC. No.20672 of 2025(5) dt.01-08-2025 4/4

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petitioners with present crime in question, coupled with fact that charge-sheet has already been submitted where

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petitioner no. 1 is in custody since 01.09.2024 and petitioner no. 2 is in custody since 11.09.2024, let both above-named petitioners, be released on bail in connection with Thawe P.S. Case No. 208 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to the satisfaction of learned CJM, Gopalganj /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/Section 480(3) of BNSS.

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(Chandra Shekhar Jha, J)

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Sudha/-

Guddu Kumar v. The State of Bihar

Case brief

What is this about?

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Guddu Kumar v. The State of Bihar

Case brief

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