Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51230 of 2019 Arising Out of PS. Case No.-173 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== GULSHAN KUMAR Son of Binay Singh Resident of Village- Amaraur, P.S.- Muffasil (Singhaul O.P.), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Petitioner seeks bail in connection with Matihani P.S. Case No. 173 of 2018 registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR accused persons, including the petitioner made firing on the deceased, causing his death. Submission of learned counsel for the petitioner is that the allegation is false and concocted and though there is allegation of firing by three persons but post mortem report disclosed only two injuries were found on the person of deceased and moreover he is in custody for 10 months. Heard learned APP and learned counsel for the informant, who has opposed the prayer for bail on the ground that there was recovery of arms from the petitioner at the spot.

Patna High Court CR. MISC. No.51230 of 2019(4) dt.16-11-2019 2/2 In view of above facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. However, once charges are framed in this case or petitioner has remained in custody for about one year, he may renew his prayer for bail. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T