Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56321 of 2015 Arising Out of PS.Case No. -168 Year- 2014 Thana -PANDARAK District- PATNA ====================================================== Gulshan Kumar, S/o Ajay Singh, resident of village- Raily, P.S.- Pandarak, Distict- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Indu Bala Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code, 27 of the Arms Act and 3(2) (v) of the S.C./S.T.(Prevention of Atrocities) Act. The prosecution case is that the informant and his younger brother Sanjay Choudhary @ Ghuro Chaudhary were returning home, when petitioner and Ramjeevan Kumar started abusing the informant and his younger brother. When the brother of the informant made protest, then co-accused Ramjeevan Kumar caused injury to the brother of the informant, who died on the spot. It is submitted by the learned counsel for the petitioner that no overt act has been attributed against the petitioner. The petitioner was not sent up for trial and

Patna High Court Cr.Misc. No.56321 of 2015 (2) dt.11-12-2015 cognizance has been taken. Statement has been made in para3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Pandarak P.S. Case No. 168 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T