Gulsan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86543 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- KARTAHA District- Vaishali ====================================================== GULSAN KUMAR SINGH SON OF MUKESH SINGH RESIDENT OF VILLAGE - NAWGADIH, KESHOPUR, P.S. - MUFFASIL, DISTRICT - MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bipin Chandra For the Opposite Party/s :

Mr.Arvind Kumar Pandey (App ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kartaha P.S. Case No. 27 of 2023 instituted under Sections 25(1-A), 25(1-AA), 25(1-B)A, 26(1)(2) (3) and 35 of the Arms Act.

3. As per F.I.R., police has conducted raid on brick kiln from where accused persons including the petitioner were apprehended. Various articles has been recovered which are being used in running gun factory.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.05.2023. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.86543 of 2023(3) dt.03-04-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Neither the petitioner has any concern with the co-accused persons nor he was the owner of the brick kiln. Nothing incriminating article has been recovered from his conscious possession. Charge-sheet has already been submitted in this case. As per Supplementary Affidavit, co-accused has already been granted bail by a co-ordinate Bench of this Court vide order dated 10.01.2023 passed in Cr. Misc. No. 84594 of 2023. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, judicial custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kartaha P.S. Case No. 27 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U