Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15675 of 2025 Arising Out of PS. Case No.-178 Year-2024 Thana- TATARPUR District- Bhagalpur ====================================================== Gulshan Kumar Son of Anil Kumar Akela @ A.K. Akela R/o VillageSardarpur, Shazadpur, P.S-Madhusudanpur, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-09-2025 Heard Mr. Manoj Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Mohammad Sufyan, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Tatarpur P.S. Case No. 178 of 2024 registered under Sections 303(2), 317(2) of the BNS.

3. As per the allegation made in the FIR, some unknown persons stole the informant's bike bearing Registration No.BR10S-4419, which was parked in front of Apollo Diagnostic.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in the FIR and his name has surfaced in the present case on the

Patna High Court CR. MISC. No.15675 of 2025(3) dt.03-09-2025 2/3 basis of confessional statement of co-accused and confessional statement made before the police has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on prearrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, the fact that nothing has been recovered from the conscious possession of the petitioner and also the fact that name of the petitioner has surfaced in the present case on the basis of confessional statement of coaccused and confessional statement made before the police has no evidentiary value in the eye of law, I am of the opinion that the petitioner, who is having clean antecedent, has, prima facie, made out a case to be released on anticipatory bail.

7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the

Patna High Court CR. MISC. No.15675 of 2025(3) dt.03-09-2025 3/3 satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Tatarpur P.S. Case No. 178 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T