Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54561 of 2015 Arising Out of PS.Case No. -227 Year- 2015 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Gulshan Kumar, son of Phushan Singh, resident of Village- Katauna, P.S.- Katrisarai, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Smt. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,379,307,302,504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

The prosecution case is that all the accused persons including the petitioner came variously amed. On the order of Naresh Singh, co accused Mukesh Singh resorted to fire causing injury on the chest of the father of the informant who died on spot, thereafter co accused Gautam Singh resorted to fire causing injury to the cousin brother of the informant Sanjay Kumar on the left thigh and others escaped from the scene after resorting to fire in

Patna High Court Cr.Misc. No.54561 of 2015 (2) dt.02-12-2015 2/2 air. It is also alleged that the accused persons took away jewellery and other valuable articles.

It is submitted by the learned counsel for the petitioner that specific overt act has been alleged against co accused Naresh, Mukesh and Gautam. There is no specific overt act alleged against the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Biharsharif in connection with Giriyak (Katrisarai) P.S. Case No.227 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T