Patna High CourtCR. MISC./32171/2016bail granted

Gulshan Kumar v. The State Of Bihar

2016-08-18Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32171 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Gulshan Kumar Son of Ajay Singh, Resident of Village Narchewar, P.S Harnaut, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-08-2016 Heard Sri Ram Prawesh Kumar, learned counsel for the petitioner and Sri Shyameshwar Dayal, learned A.P.P. The sole petitioner, having clean antecedent as stated in paragraph no. 3 of the petition and is in custody since 4.6.2016 in Giriyak P.S. Case No. 44 of 2016 registered for the offence under section 392 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that there is no tangible material to connect the petitioner in the present case, however only on alleged confession of two coaccused as well as so- called confession of the petitioner , the petitioner has been detained in the present case. Sri Dayal, learned A.P.P. opposing the prayer and

Patna High Court Cr.Misc. No.32171 of 2016 (3) dt.18-08-2016 2/2 referring to certain paragraphs of the impugned order submits that material on record suggests involvement of the petitioner. However keeping in view the fact that petitioner has been made accused only on confession and petitioner has not been put on T.I. parade there is no reason to further detain the petition.

Let the petitioner Gulshan Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Sri Sushil Prasad, Judicial Magistrate , Ist Class, Bihar Sharif at Nalanda / concerned court in connection with Giriyak P.S. Case No. 44 of 2016.

(Rakesh Kumar, J) Praful/- U T