Gulsan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84339 of 2024 Arising Out of PS. Case No.-269 Year-2023 Thana- NADI P.S. District- Patna ====================================================== Gulsan Kumar S/O Akhilesh Kumar S/O Village- Jethuli, Kachidargah, P.SNadi, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Choudhary For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Nadi Police Station Case No. 269 of 2023, dated 15.08.2023, disclosing offences punishable under Sections 147/148/149/341/323/448/380/307/504/506 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 15.08.2023, while the informant was at her home, the petitioner, along with other accused persons, entered into her house, armed with lathi, danda, etc., started abusing and when objected, the accused persons assaulted the informant, her daughter and daughter-in-law and co-accused Gaurav Kumar opened fire and started

Patna High Court CR. MISC. No.84339 of 2024(2) dt.18-12-2024 2/3 searching the son of the informant and also took away a sum of Rs. 24,000/- kept in the box.

4. Learned Counsel for the petitioner submits that both the parties are neighbours, residing in the same locality and the allegation against the petitioner is not specific and is general and omnibus in nature. There is specific allegation of firing against co-accused Gaurav Kumar. No empty cartridge has been recovered from the place of occurrence.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the specific allegation of firing is not upon the petitioner and nobody has sustained any type of injury, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City, in connection

Patna High Court CR. MISC. No.84339 of 2024(2) dt.18-12-2024 3/3 with Nadi Police Station Case No. 269 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √