Patna High CourtCR. MISC./18523/2019allowed

Gulshan Kumar v. The State Of Bihar

2019-03-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18523 of 2019 Arising Out of PS. Case No.-687 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Gulshan Kumar, Son of Bhushan Paswan, Resident of Village - Gudhwan Barai, P.S.- Khagaria, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Samastipur (Muffasil) P.S. Case No. 687 of 2018 for the offence under Section 414 of the Indian Penal Code and Sections 25(1b)a, 26/35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner has been made accused in the instant case, as he was earlier made accused in a case of loot, bearing Samastipur (Muffasil) P.S. Case No. 645 of 2018, on the basis of confessional statement of co-accused Chhotu Kumar. He further submits that in the instant case, it is alleged that from the possession of petitioner ATM cards and driving licence were recovered. He submits that there is no material to connect the

Patna High Court CR. MISC. No.18523 of 2019(2) dt.27-03-2019 2/2 petitioner in the commission of crime. He submits that nothing incriminating article has been recovered from the possession of the petitioner. The petitioner is in custody since 27.11.2018. Considering the fact that nothing incriminating has been recovered from the possession of the petitioner and he has remained in custody for four months, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Samastipur in connection with Samastipur (Muffasil) P.S. Case No. 687 of 2018.

(Anil Kumar Upadhyay, J) uday/- U T