Patna High CourtCR. MISC./86280/2023allowed

Gulshan Kumar v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86280 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== GULSHAN KUMAR SON OV VIJAY SINGH R/O VILLAGEMADURAPUR, P.S.- TEGHRA, DIST.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 4/5 of the Explosive Substance Act.

3. As per FIR, the allegation against unknown miscreants is that they kept a live bomb in a bush near Ganga river with intention to create fear in people.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of co-accused. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.86280 of 2023(2) dt.11-01-2024 2/2 recovery and he was also not apprehended from the place of recovery. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 31.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Teghra P.S. Case No. 88 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM-Ist, Class, Begusarai.

(Sunil Kumar Panwar, J) lata/- U