Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84073 of 2023 Arising Out of PS. Case No.-400 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Gulshan Kumar Son Of Kumod Prasad Singh Resident Of Village- Manika Bishunpur Chand, Ps- Musahari, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.
There is recovery of one country made pistol and two live cartridges from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered
Patna High Court CR. MISC. No.84073 of 2023(2) dt.09-01-2024 2/2 from the conscious possession of the petitioner. The petitioner has no concern with the seized arms or the apprehended person. The petitioner is languishing in custody since 22.08.2023.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Muzaffarpur in connection with Sakra P.S. Case No. 400 of 2023.
(Sunil Kumar Panwar, J) Shageer/- U T