Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59616 of 2021 Arising Out of PS. Case No.-248 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== Gulshan Kumar, Son Of Rajeev Ranjan Resident Of Village - Shitalpatti, P.S.- Saur Bazar, Distt.- Saharsa.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barauni P. S. Case No.248 of 2020, instituted for the offences under Section 392 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 06.01.2021, charge-sheet has been submitted in this case and has antecedent of three cases. The learned counsel for the petitioner further submits that the informant alleges that four unknown criminals looted Scropio, cash and mobile from the informant.

The learned counsel for the petitioner submits that F.I.R. was against unknown and the name of this petitioner transpired based on his own confessional statement when he

Patna High Court CR. MISC. No.59616 of 2021(2) dt.10-03-2022 2/2 was arrested in a different case. The learned counsel submits that petitioner has been falsely implicated in the present case based on the confessional statement of co-accused Sanni Bharti. The learned counsel further submits that petitioner was arrested in an another case where he was made to confess about his participation in the present crime.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case and his transpired in the confessional statement of co-accused and was made to confess the crime while in custody as aforesaid, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Naseem Nazar, learned Judicial Magistrate, First Class, Begusarai in connection with Barauni P. S. Case No.248 of 2020, subject to condition that one of the bailors shall be the father of the petitioner namely, Rajeev Ranjan. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T