Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65577 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== Gulshan Kumar Son Of Sadhu Paswan @ Sadhusharan Paswan VillageMaheshkhunt, Kanhaiyatol, Ps- Maheshkhunt, Dist- Khagaria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457 and 380 of the Indian Penal Code.

3. As per FIR, the allegation against unknown miscreants is that they entered in the house of the informant and committed theft and took away many valuable articles.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of co-accused. The petitioner is not named in the FIR and he has

Patna High Court CR. MISC. No.65577 of 2023(2) dt.13-10-2023 2/2 no concern with the alleged occurrence. Neither the informant was an eye witness of the alleged occurrence nor any looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by learned Court below vide order dated 21.09.2023 passed in Cr. Misc. No. 75 of 2023. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Maheskhunt P.S. Case No. 75 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class Khagaria. (Sunil Kumar Panwar, J) Manishkumar/- U T