Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79854 of 2024 Arising Out of PS. Case No.-422 Year-2022 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Gulshan Kumar, Son of Pramod Paswan, Resident of village -Harijan Tola Pandarak, P.S.- Pandarak, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Arun, Advocate Mr. Anil Kumar, Advocate Mr. Ram Naresh Singh, Advocate Mr. Akash Arun, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-04-2025 Heard Mr. Arun Kumar Arun, learned counsel for the petitioner and Mr. Md. Ataur Rahman, learned APP for the State.
2. The petitioner has prayed for bail in connection with S.K. Puri P.S. Case No.422 of 2022 registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner along with others have killed the husband of the informant in conspiracy.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The name of this petitioner is not there in the F.I.R. His name has surfaced in the confessional statement of co-accused, namely, Raghunath
Patna High Court CR. MISC. No.79854 of 2024(6) dt.04-04-2025 2/2 Singh and Guddu Singh. This petitioner has also given his confessional statement. There is nothing except the confessional statement of petitioner and other co-accused persons. Nothing has been recovered from his possession. No T.I.P. has been conducted. It has also been submitted that co-accused, namely, Munna Kumar @ Dheeraj Kumar has been granted bail by learned Co-ordinate Bench vide order dated 21.03.2024 in Cr. Misc. No. 4945 of 2024. The case of this petitioner stands on similar footing. Moreover, he is languishing in judicial custody since 17.01.2024.
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, 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 satisfaction of the learned Additional Sessions Judge-IV, Patna in connection with S.K. Puri P.S. Case No. 422 of 2022.
(Ashok Kumar Pandey, J) lata/- U T