Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44876 of 2023 Arising Out of PS. Case No.-236 Year-2022 Thana- MANSI District- Khagaria ====================================================== 1.

Gulshan Kumar Son Of Bharat Kumar Bharti @ Bharat Yadav Resident Of Village- Saidpur, Ps- Mansi, Distt- Khagaria 2.

Himansu Kumar Son Of Sogarth Prasad Yadav Resident Of Village- Saidpur, Ps- Mansi, Distt- Khagaria 3.

Bipul Kumar Son Of Bharat Kumar Bharti @ Bharat Yadav Resident Of Village- Saidpur, Ps- Mansi, Distt- Khagaria ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shive Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 395/379/386 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, all the FIR named accused persons including these petitioners committed loot of vehicle, ornaments and some cash from the complainant's son on the point of pistol.

4. It is submitted on behalf of the petitioners that complaint has been filed after inordinate delay of three weeks without any explanation which renders the entire prosecution case doubtful. Case and counter case. Parties have compromised the matter and a compromise petition (annexure

2) has also been filed in the Court below. Petitioners claim clean antecedent.

Patna High Court CR. MISC. No.44876 of 2023(2) dt.16-08-2023 2/2

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Mansi Police Station Case No. 236 of 2022/ GR No. 1858 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T