Gulshan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68737 of 2021 Arising Out of PS. Case No.-37 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== GULSHAN KUMAR SINGH Son of Bharat Singh Resident of Village/Mohalla- B.T. Bigaha, Barawan, P.S.- Sherghati, District- Gaya, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sherghatti P.S. Case no. 37 of 2020 instituted for the offence under Sections 147, 148, 149, 435, 427 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, some accused persons including the petitioner were trying to burn a tractor and a motorcycle. On chase, the accused persons ran away raising slogans in favour of a banned political outfit. The petitioner is said to have been identified in the torch light while fleeing away from the place of occurrence.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.68737 of 2021(2) dt.20-07-2022 2/2 offence. He has been falsely implicated in the case. He has got no criminal antecedent. No specific allegation of any overt act is attributed against him. Similarly situated co-accused person has already been granted anticipatory bail by a co-ordinate Bench vide order dated 12.2.2021 passed in Cr. Misc. No. 32483 of 2020.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sherghatti P.S. Case no. 37 of 2020, he will be enlarged 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 learned ACJM, Sherghatti at Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U