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Patna High CourtCR. MISC./76348/2025allowed

Gulshan Kumar v. The State Of Bihar

2025-11-19Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76348 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- PIPRIYA District- Lakhisarai ====================================================== Gulshan Kumar Son of Jehal Ray R/O Vill- Pipariya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Sahay, Advocate Ms. Rupa Sinha, Advocate Mr. Vandna Rani, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 115(2), 109(1), 352 and 351(2) of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution is that the petitioner has assaulted with iron rod to the informant.

4. Learned counsel for the petitioner has submitted that though there is direct allegation against the petitioner of assaulting the informant with iron rod but from perusal of Annexure-P/2 which is injury report, it will transpire that the informant has received six injuries but they are abrasion and contusion and the nature of the injuries are simple caused by hard and blunt substance. Learned counsel for the petitioner has

Patna High Court CR. MISC. No.76348 of 2025(2) dt.19-11-2025 2/2 submitted that the occurrence took place on 14.01.2025 whereas the FIR has been lodged on 16.01.2025. There is delay of two days and the delay is not explained. The petitioner is in custody since 29.07.2025 in Pipariya P.S. Case No. 61 of 2025 and he has been remanded in this case on 18.08.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner and has submitted that the petitioner is having criminal antecedent of two cases.

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 released on bail in connection with Pipariya P.S. Case No. 06 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai.

(Ashok Kumar Pandey, J) durgesh/- U T