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Patna High CourtCR. MISC./73141/2023dismissed

Gulshan Kumar @ Golu v. The State Of Bihar

2023-11-23Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 73141 of 2023 Arising Out of PS. Case No.-218 Year-2023 Thana- NARHATT District- Nawada ====================================================== GULSHAN KUMAR @ GOLU S/O LALO VISHWAKARMA R/O- TUNGI MANJHWE, PS. HISUA, DIST. NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohit Raj, Advocate For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-11-2023 Heard the parties.

2. The petitioner is in custody in connection with Narhat P.S. Case No. 218 of 2023 for the offence under section 392 of the Indian Penal Code lodged on 15.05.2023 by the informant, Yogendra Singh.

3. As per the prosecution story, the allegation is that the poor auto driver was asked to drop the accused persons on payment. However, later, he was beaten and money was also looted as well as the mobile. Accordingly, the FIR.

4. It seems that the accused persons are in the habit of targeting the poor who are unable to defend and resort to criminal act to cater to their needs little realizing that the poor auto driver is also catering to the needs of his family members.

5. Although, learned counsel for the petitioner tried to

Patna High Court CR. MISC. No. 73141 of 2023(2) dt.23-11-2023 2/2 make out the case that his name has come in the confessional statement of co-accused, learned APP, Mrs. Asha Devi points out that he has criminal antecedent of the same nature which reflects from paragraph 3 of the petition.

6. Taking into account all the aforesaid facts, for the present, this Court is not inclined to extend him privilege of bail which is accordingly, rejected.

(Rajiv Roy, J) kiran/- U T