Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72997 of 2024 Arising Out of PS. Case No.-436 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Gulshan Kumar son of Radheshyam Prasad village- Ghoswari, PsBakhtiyarpur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Shekhar Kumar Prasad, Adv.
For the Opposite Party/s :
Mr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2025
1. Heard learned counsel for the petitioner as well as learned APP for the State Mr. Ravindra Kumar.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 364, 379, 341, 342, 504, 506 and 34 of the IPC and 27 of the Arms Act in connection with Bakhtiyarpur P.S. Case No.436 of 2023.
3. The learned counsel appearing on behalf of the petitioner submits that the petitioner has antecedent of three cases and the informant alleges that on 09.10.2023 at around 8.00 A.M. his son was stopped by one Sadavriksh Raj while he was on his way to work, thereafter Golu and Gulshan (petitioner) assaulted Monu with an iron rod and Sadavriksh assaulted Monu with butt of the pistol, on account of which, he became unconscious, thereafter the accused persons fired on the
Patna High Court CR. MISC. No.72997 of 2024(2) dt.03-03-2025 2/3 people who had gathered and took Monu away on a motorcycle but the police was informed and on chase the accused persons fled leaving Monu in an unconscious state near Jagdamba temple, thereafter Monu was taken to health center, where he disclosed that Sadavriksh had stolen his valuable and had also threatened and demanded ransom.
4. The learned counsel submits that petitioner has been falsely implicated in the instant case by the informant with a general and omnibus allegation of assault by iron rod. It is further submitted that Sadavriksh Kumar had approached this Court seeking anticipatory bail by filing Cr. Misc. No.22665 of 2024 and the same was allowed by an order dated 22.07.2024. It is submitted that while granting anticipatory bail to Sadavriksh Kumar, this Court had called the I.O. of the case along with the injury report and it was submitted on behalf of the I.O. that the injury suffered by the injured is simple in nature, thus Sadavriksh was granted the privilege of anticipatory bail.
5. The learned APP opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner and also taking into account the order dated 22.07.2024 in Cr. Misc. No.22665/2024, the petitioner
Patna High Court CR. MISC. No.72997 of 2024(2) dt.03-03-2025 3/3 above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, IIIrd, Barh, Patna in connection with Bakhtiyarpur P.S. Case No.436 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T