Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43228 of 2026 Arising Out of PS. Case No.-20 Year-2026 Thana- TATARPUR District- Bhagalpur ====================================================== Gulshan Kumar, S/o Anil Mandal, R/o Village-Rekabganj, Police StationTatarpur, District- Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nityanand Neeraj, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Tatarpur P.S. Case No.20 of 2026 registered for the offences punishable under Sections 189(2), 189(4), 190, 191(3), 126(2), 115(2), 117(2), 109(1) and 303(2) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.').

3. The accused/petitioner is named in the FIR and is in custody since 30.03.2026.

4. As per FIR, the petitioner along with other coaccused are alleged to assault the informant and others, causing head and bodily injuries, where alleged assault was made with intention to cause death.

Patna High Court CR. MISC. No.43228 of 2026(2) dt.03-07-2026 2/3

5. It is submitted by learned counsel that the occurrence was free fight in nature and, therefore, it can be safely said that the petitioner was not under intention to cause death. It is submitted that the allegation qua committing physical assault is appearing available against 14 accused persons including petitioner and same is very much general and omnibus in nature. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. The petitioner claimed clean antecedent.

6. Learned APP opposed the prayer for grant of bail to the petitioner.

7. In view of aforesaid factual submissions and by taking note of fact, as the allegation qua causing physical assault is appearing very much general and omnibus against the petitioner, who is a man of clean antecedent, coupled with the fact that investigation of this case is already completed, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of

Patna High Court CR. MISC. No.43228 of 2026(2) dt.03-07-2026 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-XVI, Bhagalpur in connection with Tatarpur P.S. Case No.20 of 2026, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'). (Chandra Shekhar Jha, J.) Sanjeet/- U T