Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22408 of 2024 Arising Out of PS. Case No.-483 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Gulshan Kumar S/o Krishnavallabh Singh @ Pappu Kumar R/o vill - Puraini, P.s. - Giriyak, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Laheri P.S. case No. 483 of 2023 instituted for the offences under Sections 419, 420, 467, 468, 471, 379, 411, 120B and 34 of the Indian Penal Code.

3. Prosecution case, in short, is that the accused persons were found indulged in illegal transportation of sand using fake challans.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.22408 of 2024(2) dt.02-04-2024 2/3 petitioner has falsely been implicated in the present case merely because he happens to be owner of the vehicle in question. The name of the petitioner has transpired in this case only on the basis of the statement given by the co-accused person who was apprehended on the spot. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has not given any challan to anybody. The co-accused persons have already been granted bail by the trial Court itself. Learned counsel further submitted that although the prayer for regular bail of this petitioner was rejected by the Court below but with the observation that he may renew his prayer for bail after a period of four months of that order. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.01.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.22408 of 2024(2) dt.02-04-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection withLaheri P.S. case No. 483 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T