Patna High CourtCR. MISC./25121/2024bail granted

Gulshan Kumar v. The State Of Bihar

2024-04-08Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25121 of 2024 Arising Out of PS. Case No.-259 Year-2023 Thana- PUNPUN District- Patna ====================================================== Gulshan Kumar S/o Dinesh Kumar Singh @ Dinesh Singh R/o Village - Lodipur, P.S. - Punpun, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deovind Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sessions Trial No. 1253 of 2023 arising out of Punpun P.S Case No. 259 of 2023 registered for the offences punishable under Sections 341, 323, 307/34 of I.P.C and 27 of the Arms Act.

3. As per prosecution case, it is alleged that petitioner assaulted a boy and also opened fire upon him with a intention to kill him, but the bullet could not hit him.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is

Patna High Court CR. MISC. No.25121 of 2024(2) dt.08-04-2024 2/2 further submitted that nothing was recovered from the conscious possession of the petitioner. It is also submitted that petitioner is in judicial custody since 22.10.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Session Judge, 1st, Masaurhi in connection with Sessions Trial No. 1253 of 2023 arising out of Punpun P.S Case No. 259 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T