Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26810 of 2023 Arising Out of PS. Case No.-240 Year-2021 Thana- KASHICHAK District- Nawada ====================================================== GULSHAN KUMAR S/o Sadan Singh @ Sadan Prasad Singh Resident of village-Chakway, P.S.-Warisaliganj, District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kashichak P.S. Case No. 240 of 2021 registered under Sections 419, 420 of the Indian Penal Code and Sections 66(c), 66(D) of the I.T. Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 28.11.2022 passed in Cr. Misc. No. 34948 of 2022 with analogous case. The petitioner has got no criminal antecedent. Having considered the facts and circumstances of the

Patna High Court CR. MISC. No.26810 of 2023(2) dt.07-07-2023 2/2 case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Nawada in connection with Kashichak P.S. Case No. 240 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

Further, in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that the petitioner despite giving undertaking before this Court that he will cooperate in the investigation and will present himself as and when required, is not cooperating in the investigation nor is appearing when called for, the learned Trial Court after giving an opportunity of hearing to the petitioner shall pass orders in accordance with law and shall also be entitled to cancel the bail bond and to take all coercive steps to ensure petitioner is behind the bars.

(Arvind Srivastava, J) utkarsh/- U T