Gulshan Kumar @ Gulshan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51146 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- ISMAILPUR District- Bhagalpur ====================================================== Gulshan Kumar @ Gulshan Mandal S/o- Prakash Mandal Village- Ismailpur Ps- Ismailpur Dist- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 448/34 of the Indian Penal Code and Sectionn 27 of the Arms Act.

3. The petitioner in association of other co-accused is said to have resorted firing in the Ismailpur market with intention to terrorize the people in the locality.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. No one has sustained injury in the alleged occurrence. It is further submitted that there is no eye witness of the aforesaid occurrence rather due to machination of the police, the petitioner has been made scapegoat in this case. Similarly situated co-accused, namely,

Patna High Court CR. MISC. No.51146 of 2024(2) dt.04-09-2024 2/2 Satya Prakash @ Shivam Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 07.08.2024 passed in Cr. Misc. No.45536 of 2024. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ismailpur P.S. Case No. 10 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T