Patna High CourtCR. MISC./37318/2020bail granted

Gulshan Kumar v. The State Of Bihar

2021-02-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37318 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- KIUL District- Lakhisarai ====================================================== Gulshan Kumar Son of Viresh Prasad Singh @ Biresh Prasad Singh @ Bajrangbali, Resident of Village- Garhi Bihanpur, P.S. and Distt- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishore Singh For the Opposite Party/s :

Mr.Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2021 Heard the learned counsel for the petitioner and Shri Bisheshwar Ram, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Kiul P.S. Case No. 14 of 2020 for the offence punishable under Sections 25(1-B)a/ 26 of the Arms Act.

The allegation is regarding the police having apprehended the petitioner and upon search, one automatic pistol and some cartridges were recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 02.02.2020. Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Patna High Court CR. MISC. No.37318 of 2020(3) dt.10-02-2021 2/2 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Kiul P.S. Case No. 14 of 2020 (G.R. No. 128 of 2020).

(Mohit Kumar Shah, J) Tiwary/- U T