Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1702 of 2023 Arising Out of PS. Case No.-102 Year-2020 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== Gulshan Kumar Son Of Rajeev Ranjan R/O Village- Shitalpatti, P.S.- Saur Bazar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Surendra Mohan For the Opposite Party/s :

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bhairab Asthan P.S. Case No. 102 of 2020 registered under section 392 of the Indian Penal Code.

Allegation against the petitioner along with other co-accused persons is that they looted the Scorpio car on pistol point bearing Registration No. BR-32J-7696 and cash Rs. 6600/- of the informant when he was going to Darbhanga from his Scorpio car.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1702 of 2023(2) dt.28-03-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of apprehended co-accused person, namely, Banti Kumar Singh before the police in another case. It is further submitted that nothing looted article has been recovered from the possession of the petitioner. As alleged, the said scorpio vehicle has been recovered from the Garage of the co-accused namely, Panna Singh not from this petitioner. He has not been put on T.I.P. He has suo moto surrendered before the learned Court below on 13.09.2022 and since then he is languishing in judicial custody. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhairab Asthan P.S. Case No. 102 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.1702 of 2023(2) dt.28-03-2023 3/3 A.C.J.M. Ist, Jhanjharpur.

(Sunil Kumar Panwar, J) shubham/- U T