Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 53413 of 2025 Arising Out of PS. Case No.-569 Year-2025 Thana- DANAPUR District- Patna ====================================================== Gulshan Kumar S/o Randhir Prasad R/o Village - Hathiyauri, P.S - Pakaribaraw, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pandey, Adv For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Danapur P.S. Case No. 569 of 2025 registered for the offence punishable under Sections 303(2), 316(2), 318(2) and 112(2) of the B.N.S.
3. The case of the prosecution, in brief, is that one Bittu Kumar at present posted as Police Sub-Inspector at Danapur police station on 01.06.2025 at about 14 o' clock got information that some interstate cyber criminals were seen in Danapur area. On the basis of information, he alongwith some police personnels came at Nasriganj Chauki and started intensive checking of vehicles at about 15.40 o' clock. One person riding on black & white colour motorcycle carrying bag pack was seen. After seeing the checking, that person was trying
2/4 to flee but he was apprehended and disclosed his name as Niranjan Kumar and on search from his bagpack, several cheque books, ATM Cards of different banks, Paytm Scanner Sound box, Paytm Scanner Plate, Paytam Cards etc. were recovered and on interrogation, he told the name of some members of gang as Deepak Kumar, Aryan Raj, Prince Kumar, Vikki Kumar, Gulshan Kumar (petitioner), Satyendra Kumar, Ayush Kumar and said he alongwith said 3 co-accused used to call people and cheat them in the name of loan. They also get money in the account of the villagers and in exchange, they provide some monthly amount to account holders so that they did not create nuisance and distribute the money among them. The seizure list was prepared which is part of the FIR.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Only on the basis of confessional statement of co-accused Niranjan Kumar, his name has surfaced in this case. He further submits that from a careful perusal of the seizure list which has been brought on record, it shall transpire that all the items recovered during search and seizure are ATM cards, Paytm cards, mobile etc which belong to the petitioner and his family members, in other words, it does not belong to any outsiders and hence he
3/4 submits that this entire allegation that the petitioner is the member of the gang involved in inter-state crime is totally false and fabricated. He further submits that the petitioner has two criminal antecedents which has been described in paragraph 3 of this application.
5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
6. Considering the fact that in the search and seizure memo, the items which have been shown to be recovered from the house of the petitioner, they all belong to the petitioner and his family members and further, given the fact that charge-sheet has already been filed on 28.07.2025, thereby completing the investigation, no fruitful purpose will be served in the keeping the petitioner in custody for a prolong period of time. The petitioner has disclosed two criminal antecedents which are of different nature than the offence which is alleged to have committed in the present case. For all these reasons, the petitioner above named, is directed to be released on bail 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 court below where the case is pending/successor court in connection with Danapur P.S. Case No. 569 of 2025,
4/4 subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates without substantial reason or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for bail is allowed. (Alok Kumar Sinha, J) kiran/- U T