Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26528 of 2023 Arising Out of PS. Case No.-805 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Gulshan Kumar Son Of Rajeev Ranjan R/O Village- Raghunathpur, P.S.- Sahebpur Kamal, District- Khagaria, Permanent Address R/O VillageShitalpatti, P.S.- Saur Bazar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Surendra Mohan For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 307, 353, 379, 279, 338, 411 of the Indian Penal Code and Sections 25(1-B) a, 26 of the Arms Act.

The prosecution case as per F.I.R is that one Ravi Kumar was apprehended with a stolen car and from his possession country made pistol, live cartridges and

Patna High Court CR. MISC. No.26528 of 2023(2) dt.24-05-2023 2/3 on her identification, other articles were recovered. He disclosed the name of the petitioner as his associate with whom, he had stolen two pick-up vehicles.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot and his name surfaced only on the basis of confessional statement of co-accused Ravi Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery of stolen articles or the apprehended accused person. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 13.09.2022.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.26528 of 2023(2) dt.24-05-2023 3/3 Magistrate, Khagaria in connection with Khagaria Chitragupt Nagar P.S. Case No. 805 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T