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Patna High CourtCR. MISC./39426/2025bail granted

Gulshan Kumar @ Gulshan Kumar Mandal @ Gulshan Mandal v. The State Of Bihar

2025-09-12Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39426 of 2025 Arising Out of PS. Case No.-50 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== Gulshan Kumar @ Gulshan Kumar Mandal @ Gulshan Mandal S/o Prakash Mandal R/o Village-Barikhal Fulaut Purvi, P.S.-Chausa(Fulaut), DistrictMadhepura ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2025 Heard learned counsel for the parties.

2. Petitioner seeks regular bail in connection with Alam Nagar P.S. Case No. 50 of 2022 in a case registered for the offences punishable under Sections 364 and 34 of the Indian Penal Code, added 302, 201 and 34 of the Indian Penal Code and under Section 27 of Arms Act.

3. As per prosecution story, on 04.03.2022 at about 9:00 P.M., the son of informant, Rikesh Kumar went with his friend Sintu Kumar from his house by a motorcycle to attend a marriage ceremony. Thereafter, he left his friend Sintu Kumar and went to somewhere else. When Sintu Kumar called him on mobile, Rikesh Kumar told him that he is nearby and would come back in 10-20 minutes. After sometime, Sintu Kumar again called him, but his call was received by some unknown

Patna High Court CR. MISC. No.39426 of 2025(3) dt.12-09-2025 2/3 persons, who abused Sintu Kumar and since then, the son of informant was missing. In the next morning, the motorcycle of informant's son was found from a pit. Informant has further stated that his son was talking with one Lusi Kumari and it was the reason that the family members of Lusi Kumari, named in the FIR, have killed the deceased and disappeared his dead body.

4. Learned counsel for the petitioner submits that petitioner is named in the FIR only on suspicion. Informant is not eye witness of the occurrence. Name of petitioner transpired during the course of investigation on the basis of confessional statement of the co-accused person Saroj Kumar @ Banke Bihari Singh. Said co-accused Saroj Kumar @ Banke Bihari Singh has already been granted bail by a co-ordinate Bench of this Court vide order dated 16.05.2023 passed in Cr. Misc. No. 69589 of 2022 (Annexure-P/3 series). Petitioner claims clean antecedent and he is in custody since 24.1.2025.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the nature of accusation and period of custody of the petitioner, his prayer for regular bail is allowed. Let the petitioner, mentioned above, be enlarged on bail on

Patna High Court CR. MISC. No.39426 of 2025(3) dt.12-09-2025 3/3 furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of District and Additional Sessions Judge III, Madhepura in Sessions Trial No. 262 of 2022.

(Prabhat Kumar Singh, J) shashi/- U T