Gulsan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9476 of 2019 Arising Out of PS. Case No.-356 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Gulsan Kumar son of Dilip Paswan Resident of Village - Bahari Begampur Chainpura, Madarpur (Madarpar), P.S. Bypass, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Malsalami P.S. Case No.356 of 2018 registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 3⁄4 of the Explosive Substance Act. The allegation is regarding recovery of arms, bombs, pistols, mobiles etc. from the house of one Sushila Devi, upon confessional statement made by the petitioner herein and from the said house, five other co-accused persons were also apprehended.

The learned counsel for the petitioner submits that the petitioner is innocent and has committed no crime inasmuch as no recovery has been made from his possession. It is further

Patna High Court Cr.Misc. No.9476 of 2019(2) dt.18-02-2019 2/2 submitted that though the petitioner is accused in three other cases, but he is on bail in the said three cases. Lastly, it is submitted that the petitioner is ready to abide by whatever conditions as may be imposed by this Court for the purposes of grant of bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Patna City in connection with Malsalami P.S. Case No. 356 of 2018.

It is further directed that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:30 A.M. on each and every Monday of the week and in the event of default on two consecutive occasion to mark his attendance, the present privilege of regular bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) S.Sb/- U T