Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24792 of 2023 Arising Out of PS. Case No.-465 Year-2022 Thana- PATLIPUTRA District- Patna ====================================================== GULSHAN KUMAR Son of Dipendra Sah Resident of mohalla - T6 2nd Floor, Gorakhnath Lane, Bikaner Sweets, East Boring Canal Road, P.S.- Patliputra, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Prasad Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 384, 427, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy aged about 25 years and the informant alleges that the accused persons including the petitioner came in a drunken condition and demanded extortion and also damaged two vehicles in the apartment.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.24792 of 2023(2) dt.19-07-2023 2/3 the petitioner has been falsely implicated in the present case, it is next submitted that informant has a shop and in front of his shop, the friend of the petitioner had parked his car on account of which an altercation took place, as the informant was asking to remove the car from in front of his shop. It is next submitted that it absolutely does not stand to reason that how the vehicles could have been damaged of an apartment when the shop is not in the apartment. It is next submitted that even the F.I.R. does not disclose the registration number of the vehicle which is alleged to have been damaged by the accused persons including the petitioner which further casts an aspersion on the case of the prosecution.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.24792 of 2023(2) dt.19-07-2023 3/3 the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patliputra P.S. Case No. 465 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T