Gulsan Kumar @ Gulsan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67876 of 2022 Arising Out of PS. Case No.-102 Year-2003 Thana- ARIYARI District- Sheikhpura ====================================================== GULSAN KUMAR @ GULSAN KUMAR SINGH S/o Ramnandan Singh R/o Village- Barahiya (Dhanraj Tola), P.S.- Barahiya, Distt- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 364(A) of the Indian Penal Code.

3. As per prosecution case, some unknown person kidnapped the son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and

Patna High Court CR. MISC. No.67876 of 2022(7) dt.23-08-2023 2/3 the same has been lodged against unknown person. The victim boy has already been recovered immediately after some days of occurrence and neither his confessional statement has been recorded before the police nor his statement recorded u/s 164 of the Cr.P.C. During course of investigation, no material could be collected against the petitioner connecting any participation in this case, save and except suspicion and was usually used to be seen at Chewara Market. He submitted that the material, whatsoever been collected in this case as against all the six accused out of two shown dead; one discharged; one not traced out and one Deepak Kumar, who has already been granted bail by Court below itself. Good sense has been prevailed between the parties, which is annexed as annexure-4 with this petition. He is languishing in judicial custody since 06.09.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.67876 of 2022(7) dt.23-08-2023 3/3 satisfaction of the learned Court below in connection with Ariyari P.S. Case No. 102 of 2003.

(Sunil Kumar Panwar, J) arish/- U T