Gulsan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6301 of 2020 Arising Out of PS. Case No.-95 Year-2019 Thana- PUNPUN District- Patna ====================================================== GULSAN KUMAR Son of Dinesh Singh @ Binay Singh Resident of VillageLodipur, P.S.- Punpun, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307 and 379 of the Indian Penal Code, registered in connection with Punpun P.S. Case No. 95 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation of having assaulted the inforamnt with rod, danda, hockey stick and khanti. It is submitted that the accusation is general and omnibus against the petitioner with specific assault attributed individually. The injury report does not indicate any grievous injury sustained by the informant. The petitioner claims clean antecedents.

Patna High Court CR. MISC. No.6301 of 2020(2) dt.05-03-2020 2/3

4. Be that as it may, in the event of petitioner's arrest or surrender within four weeks hereof, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Masaurhi, Patna in connection with Punpun P.S. Case No 95 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

Patna High Court CR. MISC. No.6301 of 2020(2) dt.05-03-2020 3/3

7. The provisional bail granted to the petitioner shall be confirmed by the learned court below upon verification within a further period of four weeks after furnishing bail bond that no grievous injury has been sustained by the informant, conversely his bail bond shall stand automatically cancelled. (Vikash Jain, J) HR/- U T