Gulashan Kumar @ Gulshan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6193 of 2019 Arising Out of PS. Case No.-555 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Gulashan Kumar @ Gulshan Kumar Singh (Male 27 years), S/o Dineshwar Singh R/o - Village - NaulaDih - Dihpar, P.S.- Birpur, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Barauni (Zero Mile) P.S. Case No. 555 of 2018 registered for the offence punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

Informant is a Police Officer who has stated that after receiving confidential information that three suspicious persons in a Maruti car are standing near Malti Petrol Pump, he along with police party reached there and after seeing the police party, they started fleeing away but after chase, they were apprehended and petitioner was one of them. The car was searched by the police and one country made pistol with four live cartridges and one country made Katta and two live cartridges were recovered from the said car.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.6193 of 2019(2) dt.07-02-2019 2/2 he is innocent and has falsely been implicated in this case as nothing was recovered from his conscious possession. Petitioner has no criminal antecedent and he is in custody since 21.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Barauni (Zero Mile) P.S. Case No. 555 of 2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T