Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71187 of 2019 Arising Out of PS. Case No.-409 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== GULSHAN KUMAR Son of Late Mahendra Singh Resident of Village - Bihat, Tola - Ibrahimpur, Saharbanna, ward no. 25, P.S.- Barauni, Distt - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2020 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 341, 307, 504, 506 of the Indian Penal Code and Section 27 of Arms Act The informant has alleged in her written complaint that on 22.08.2018 at 11:00 while the petitioner Gulshan Kuamr who happens to be her agnate was getting boundary wall erected adjacent the house of the informant, the son of the informant objected to it upon which the petitioner started abusing and opened fire on him causing firearm injury. Thereafter on receipt of this information the police party encircled the house of the petitioner and apprehended the
Patna High Court CR. MISC. No.71187 of 2019(2) dt.22-01-2020 2/2 petitioner along with one country made pistol. Petitioner has earlier moved this Court for bail vide Cr. Misc. No. 782 of 2019 which was rejected on 13.03.2019 with a liberty to renew his prayer for bail after completion of one year in custody. Petitioner is in custody since 18.09.2018. Considering the aforesaid facts and circumstances of the case and the observation made in order dated 13.03.2019 passed in Cr. Misc. No. 782 of 2019, petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Barauni P.S. Case No. 409 of 2018 with following conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
Rajiv/- (S. Kumar, J) U T