Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28644 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Gulshan Kumar, S/O Manoj Paswan, R/O Mahimachak, P.S- Harnaut (Gokulpur OP), Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, in the present case, is seeking pre-arrest bail in connection with Harnaut (Gokhulpur O.P.) P.S. Case No.59 of 2023 registered for the offences punishable under Section 414 of the Indian Penal Code. The petitioner has got no criminal antecedent.

3. As per the prosecution story, the allegation against the petitioner is that he was involved in theft of a motorcycle bearing Reg. No.BR51AG-1258.

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

Patna High Court CR. MISC. No.28644 of 2023(2) dt.14-07-2023 2/3 motorcycle has been recovered from an open place i.e. Khalihan and not from the conscious possession of the petitioner.

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

6. Having regard to the submission that the alleged stolen motorcycle has been recovered from an open place i.e. Khalihan, this petitioner is a student of B.A. Part-III and has no criminal antecedent, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda, Biharsharif in connection with Harnaut (Gokhulpur O.P.) P.S. Case No. 59 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for

Patna High Court CR. MISC. No.28644 of 2023(2) dt.14-07-2023 3/3 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T