Gulsan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5167 of 2021 Arising Out of PS. Case No.-55 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== Gulsan Kumar Son of Om Prakash Singh Resident of Village - Chaturbhujibarao, P.S.- Piro, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Sessions Trial no. 133/2020 (arising out of Bikramganj P.S. Case no. 55 of 2020) registered under sections 302, 307, 147 and 393 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, it is stated by the informant who happens to be the truck driver that three accused persons got on his truck and started indiscriminate firing leading to the death of co-driver and he himself having sustained gun shot injuries.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.5167 of 2021(3) dt.26-07-2021 2/3 that the FIR was registered against three unknown. The name of the petitioner transpired in course of investigation. Referring to the alleged confessional statement of the petitioner made before police it is submitted that although not admissible, even if accepted for the sake of argument, the allegations of overt act therein are against the accused Deepak @ Mister @ Sahjad and one Mukesh Kumar. No overt act has been alleged against this petitioner. The petitioner has no criminal antecedent and is in custody since 14.2.2020. It is submitted that there is no chance of trial concluding in the near future.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation including the petitioner having remained in custody for over 1 year 4 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 133/2020 (arising out of Bikramganj P.S. Case no. 55 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IV, Rohtas at

Patna High Court CR. MISC. No.5167 of 2021(3) dt.26-07-2021 3/3 Sasaram.

(Partha Sarthy, J) Bibhash U