Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19683 of 2026 Arising Out of PS. Case No.-122 Year-2025 Thana- SHIVAJINAGAR District- Samastipur ====================================================== 1.
Gulshan Kumar, S/o Pawan Kumar Mandal, R/o Village - Shyampur Thahi, P.S - Shivajinagar, District - Samastipur 2.
Pawan Kumar Mandal, S/o Ram Krishna Mandal, R/o Village - Shyampur Thahi, P.S - Shivajinagar, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ayushman, Advocate For the State :
Mr. Rabindra Kumar, APP For the Informant :
Mr. Shankar Prasad Roy, Advocate Mr. Vinay Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 26-03-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in connection with Shivajinagar P.S. Case No.122 of 2025 registered for the offence punishable under Sections 329(3), 126(2), 131, 351(3), 308(5), 352 and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the petitioners along with others arrived at the refreshment shop of the informant. Pawan Kumar was armed with weapon. They threatened her. It is further alleged that Pawan Kumar Mandal and one Vishundev Mandal took the bike of the informant. Gulsan Kumar took Rs. 30,000/- from cash box and Rambalam Mandal
Patna High Court CR. MISC. No.19683 of 2026(2) dt.26-03-2026 2/3 and Sita Devi took the shop articles worth Rs. 20,000/-
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. The informant and Gulshan Kumar both are relative. As far as taking away of bike is concerned, it has been submitted that the bike was given to him by the informant herself and the same was recovered by police. It has further been submitted that the nature of allegation is general and omnibus. Nobody has received any injury and the allegation regarding taking cash and articles is ornamental. Petitioner no.2 is having one criminal antecedent whereas petitioner no.1 is having no criminal antecedent. They are languishing in judicial custody since 22.12.2025.
5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the application for bail. Learned counsel for the informant has submitted that the bike was recovered from the house of Gulshan Kumar.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two
Patna High Court CR. MISC. No.19683 of 2026(2) dt.26-03-2026 3/3 sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-I, Rosera, Samastipur in connection with Shivajinagar P.S. Case No. 122 of 2025. (Ashok Kumar Pandey, J) lata/- U T