Nilesh Kumar Gulshan @ Nilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4999 of 2024 Arising Out of PS. Case No.-16 Year-2019 Thana- BHARGAMA District- Araria ====================================================== Nilesh Kumar Gulshan @ Nilesh Kumar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh, Adv For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bhargama P.S. Case No. 16 of 2019 registered on 11.01.2019 lodged under Sections 395, 511, 397, 398 of I.P.C. and 27 of the Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against two named accused persons excluding the petitioner.
4. Counsel for the petitioner submits that name of the petitioner has been figured in this case by the virtue of confessional statement of the co-accused namely Robin Yadav who has been granted bail by co-ordinate Bench of this Court vide order dated 14.01.2020 passed in Cr. Misc. No. 86208 of 2019. Counsel further submits that other co-accused persons
Patna High Court CR. MISC. No.4999 of 2024(2) dt.07-02-2024 2/3 whose name has not been named in the F.I.R. but subsequently, their names have been figured during the investigation have also been granted bail vide order dated 02.03.2020 and 29.03.2022 passed in Cr. Misc. No. 13556 of 2020 and 56308 of 2021.
5. Counsel further submits that petitioner is innocent and has committed no offence. He is not named in the F.I.R. nor any incriminating substance has been recovered from him. He further submits that petitioner is in custody since 27.09.2023 having eight criminal case pending against him, in which he is on bail in five cases and acquitted in three cases and chargesheet has already been filed in this case.
6. Learned counsel for the State opposes the prayer for bail and submits that there are series of cases pending against him.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge and on being satisfied that petitioner is not absconding in any one of the cases pending against him mentioned herein below and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, Arariya in
Patna High Court CR. MISC. No.4999 of 2024(2) dt.07-02-2024 3/3 connection with Bhargama P.S. Case No. 16 of 2019. • Shankarpur P.S. Case No. 147/2018 • Shankarpur P.S. Case No. 03/2019 • Jadiya P.S. Case No. 114/2018 • Jadiya P.S. Case No. 206/2018 • Bhargama P.S. Case No. 237/2018 (Dr. Anshuman, J) Sunnykr/- U