Gulshan Kumar @ Gulsan Kumar @ Gushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37496 of 2026 Arising Out of PS. Case No.-40 Year-2026 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Gulshan Kumar @ Gulsan Kumar @ Gushan Kumar Son of Mantun Chaudhary @ Mantun Choudhary Resident of Village- Machaha, ward no. 4, P.S.- Singhaul (Singhoul), District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-06-2026 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioner and Ms. Veena Kumari Jaiswal, the learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 29.01.2026 in connection with Town (Nagar) P.S. Case No. 40 of 2026, F.I.R. dated 28.01.2026 registered for the offence punishable under Sections 111, 61(2) of BNS, 2023 and also under Section 25 (1-b) a, 26, 35 of the Arms Act.
3. As per FIR, allegation against the petitioner is for taking contract to kill the witnesses of Munna Singh's murder case.
4. Learned counsel appearing for the petitioner submits that the allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.37496 of 2026(2) dt.17-06-2026 2/3 fabricated and the petitioner has not committed any offence as alleged in the FIR. It appears from the FIR as well as the seizure list that nothing incriminating article has been recovered from possession of the petitioner rather only one mobile phone was recovered from possession of the petitioner and co-accused person, namely, Pritam Kumar @ Preetam Kumar has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 16.06.2026 passed in Cr. Misc. No.37750 of 2026, and the police, after investigation, submitted charge-sheet against the petitioner and the petitioner is in custody since 29.01.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner has participated in the present crime in question and apart from that the petitioner carries four more cases other than the present one but he fairly submits that, the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Begusarai in connection with Town (Nagar) P.S.
Patna High Court CR. MISC. No.37496 of 2026(2) dt.17-06-2026 3/3 Case No. 40 of 2026,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) 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 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.
(Rajesh Kumar Verma, J) Nitesh/- U T