Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70003 of 2018 Arising Out of PS. Case No.-123 Year-2018 Thana- AMAS District- Gaya ====================================================== Gulshan Kumar, s/o Shankar Sao @ Shankar Prasad Gupta, r/v- Tilha Mahavir Asthan, P.S.- Civil Lines, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Amas P.S. Case No. 123/2018, instituted for offence under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. He was not apprehended on the spot. Three cases has been lodged for the same occurrence. One of the case is Amas P.S. Case No. 125/2018, in which petitioner was made accused. There was allegation that some miscreants snatched Rs. 35 lacs from the employees of Toll Plaza. Thereafter petitioner and others chased those miscreants and snatched the looted amount from the dacoits. In the aforesaid case petitioner has already been granted

Patna High Court Cr.Misc. No.70003 of 2018(2) dt.04-12-2018 2/2 bail by a Co-ordinate Bench of this Court vide order dated 30.11.2018 passed in Cr. Misc. No. 68493/2018. In the instant case, there is no allegation of specific overt act against this petitioner.

Addl. Sessions Judge IVth, Gaya has mentioned in the impugned order that name of this petitioner has come in para 12 of case diary in the confessional statement of Subham Kumar and Pinku Kumar, who were apprehended on the spot. Petitioner is in custody since 25.07.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sherghati, Gaya in connection with Amas P.S. Case No. 123/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T