Gulshan Kumar @ Mausam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65917 of 2024 Arising Out of PS. Case No.-31 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== Gulshan Kumar @ Mausam Kumar Son of Lalan Singh @ Chandramauli Kumar R/O Village - Jaitpur, P.S.- Barahiya, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2025 Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8, 20(b)(ii)(c), 25, 29 of the N.D.P.S. Act.
3. As per the prosecution case, the petitioner along with one Roshan Singh riding on motorcycle and escorting the tractor from which huge amount of cannabis were recovered.
4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is
Patna High Court CR. MISC. No.65917 of 2024(5) dt.10-01-2025 2/3 neither named in the F.I.R. nor anything has been recovered from his possession or from his house. The petitioner has five criminal antecedents out of which two antecedents are of similar nature and has been languishing in custody since 29.04.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Barahiya P.S. Case No. 31 of 2021 subject to the following conditions : (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his
Patna High Court CR. MISC. No.65917 of 2024(5) dt.10-01-2025 3/3 bail bonds shall be liable to be cancelled by the learned court concerned.
(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.
(Anjani Kumar Sharan, J) anand/- U T