Gulshan Kumar @ Angrejba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66375 of 2018 Arising Out of PS. Case No.-377 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Gulshan Kumar @ Angrejba Son of Dinesh Kumar Thakur @ Dinesh Thakur Resident of Ward No.5,Handalpur,Mahdauli,Police station Bhagwanpur,Distt.-Begusarai,at Present ward No.13,Behind Alka Cinema Hall Begusarai, Police Station Begusarai Town Distt.-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Dhar Jha For the Opposite Party/s :

Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Begusarai Muffasil (Singhaul O.P.) P.S. Case No. 377 of 2018 registered for the offence punishable under Sections 307, 386, 387 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of demanding ransom of Rs. 2 Lacs from the Informant alongwith FIR named accused and when the Informant refused to give money one of the co-accused namely Jitendra Kumar fired upon Informant. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been submitted that petitioner was a passer-by and when there

Patna High Court Cr.Misc. No.66375 of 2018(2) dt.20-11-2018 2/3 was affray petitioner also started to run away and was caught by the police under suspicion. Informant has filed a compromise petition (Annexure-2) before the court below in which he has stated that he is not willing to prosecute the petitioner. Similarly, situated co-accused person has been granted bail by a coordinate bench of this Court vide order dated 28.09.2018 in Criminal Miscellaneous No. 56810 of 2018. Petitioner has got no criminal antecedent and is in custody since 05.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Begusarai, in connection with Begusarai Muffasil (Singhaul O.P.) P.S. Case No. 377 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 represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will

Patna High Court Cr.Misc. No.66375 of 2018(2) dt.20-11-2018 3/3 be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U