Gultan Kumar Singh @ Gultan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11025 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- CHANDRADIP District- Jamui ====================================================== GULTAN KUMAR SINGH @ GULTAN SINGH, aged about 29 years, Gender Male, SON OF RAMSWARUP SINGH @ SURO SINGH R/O VILLAGE- SONKHAR, P.S.- CHANDRADIP, DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Chandradip P.S. Case No. 170 of 2022 dated 06.10.2022 registered for the offence(s) punishable under Section(s) 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by the learned counsel for the petitioner are that petitioner is not named in the FIR, during investigation he was made accused on suspicion raised on the basis of his conversation through mobile phone with co-accused Sanjay Mahto and except this as well as his statement given before the police, there is no material to connect him to the alleged crime and one co-accused Riyaz,

Patna High Court CR. MISC. No.11025 of 2023(3) dt.01-08-2023 2/2 who is named in the FIR, has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.10937 of 2023 and petitioner's case stands on better footing from him as he is not named in the FIR. Further submissions are that the petitioner has been languishing in jail since 04.11.2022, against him, the investigation has been completed and in the FIR no motive of the petitioner to be involved in the alleged crime has been revealed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly taking into account the circumstances pointed out by the petitioner's counsel which go in petitioner's favour, this court is inclined to accept his bail prayer. Accordingly, let the petitioner named-above be enlarged on bail in connection with Chandradip P.S. Case No. 170 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T