Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10813 of 2026 Arising Out of PS. Case No.-238 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Gulshan kumar Son of Surendra Rai @ Surendra Ray Resident of villageNonimal, Ps- Rajepur, Dist- East Champarann ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv :
Ms. Harsha Shashwat, Adv For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Rajepur P.S. Case No. 238 of 2023 registered for the offences punishable under Sections 341, 382, 323, 324, 307, 413, 414, 354(B), 379, 506 and 34 of the Indian Penal Code.
3. Briefly stated as per the written application of the informant the prosecution story is that on 04.10.2023 at about 07.00 PM, the informant was returning by three wheeler and when she reached nest Nonimal bridge the petitioner along with three persons stopped the informant and started abusing, therefore on protest the petitioner and other co-accused started assaulting the informant and her sister in law and the petitioner gave knife blow on the neck of the informant and her sister inlaw but anyhow both
Patna High Court CR. MISC. No.10813 of 2026(2) dt.24-02-2026 2/3 of them save herself. It is also alleged therein that the accused snatched Rs. 900/- and fled away. Thereafter, on 05.10.2023 the informant was going to lodge FIR against the petitioner then in the way all the accused persons along with the petitioner abused and assaulted the informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has been falsely implicated with the present case. It is pointed out that allegation against this petitioner is very much general and omnibus in nature rather allegation to inflict knife injury is specific against co-accused Kundan Kumar. It is also pointed out that similarly situated coaccused namely Lalan Kumar has already granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 28102 of 2024 dated 07.05.2024. While concluding arguments, it is submitted that petitioner is a man of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking note of fact as allegation qua physical assault is appearing very much general and omnibus, where allegation qua inflicting knife injury is specifically available against co-accused Kundan Kumar, accordingly petitioner above-named, in the event of his arrest or
Patna High Court CR. MISC. No.10813 of 2026(2) dt.24-02-2026 3/3 surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Sadar at Motihari, East Champaran/concerned Court, where the case is pending in connection with Rajepur P.S. Case No. 238 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J) S.Tripathi/- U T