Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7863 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Gulshan Kumar Son of Ramashray Paswan R/o vill - Pansalla, P.S. - Chhaurahi (O.P.- Khodawandpur), Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeet Kumar For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 419, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.
3. The allegation against the petitioner is that he was involved in providing undue advantage through electronic devices to the candidates of Constable Examination.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has not cheated any candidate for constable appointment. As per the prosecution case, electronic device, bluetooth, walkie-talkie, diary etc. have been recovered from the possession of other co-accused Sunil Kumar
Patna High Court CR. MISC. No.7863 of 2024(2) dt.20-02-2024 2/2 and not from the petitioner. Nothing incriminating article was recovered from the conscious possession of the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The other co-accused persons have already been granted bail by this Bench vide order dated 31.01.2024 passed in Cr. Misc. No. 3773 of 2024 and vide order dated 08.02.2024 passed in Cr. Misc. No. 4575 of 2024 and 4478 of 2024. Moreover, the petitioner is languishing in custody since 28.09.2023.
5. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Manjhaul, Begusarai in connection with Khodawandpur (Chhorhi O.P) P.S. Case No. 274 of 2023. (Sunil Kumar Panwar, J) lata/- U T