Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1412 of 2025 Arising Out of PS. Case No.-166 Year-2023 Thana- KOTWALI District- Munger ====================================================== Gulshan Kumar Son Of Late Gauri Shankar @ Gauri Shankar Prasad Resident of Bekapur, Near Anpurna Transport, P.S -KOTWALI, DistrictMunger, Bihar-811214. ... ... Petitioner/S

Versus

1.

The State of Bihar.

2.

Ravish Kumar, S/o Nandeshwar Yadav Resident of Village Nayagaon, Shampur Road, P.S Kotwali District-Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Kotwali P.S. Case No. 166 of 2023, registered for the offences punishable under Sections 406 and 420/34 of the Indian Penal Code.

3. The allegation against the petitioner is to cheat informant alongwith other co-accused persons for Rs. 20 lacs as to obtain stock licence of Dalmiya Tea.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.1412 of 2025(2) dt.05-02-2025 2/3 petitioner submitted that as per face of FIR, no case against this petitioner is made out. It is submitted that against Rs. 20 lacs, Rs. 14,69,000/- said to be transferred to the bank account of one Manish Kumar, his mother Gita Devi and his son Rahul Kumar. There is no allegation qua involvement or to any overt act against this petitioner with crime in question. While concluding the argument, it is submitted that the petitioner found involved in two more criminal cases, where he is on bail

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as alleged amount prima facie not appears transferred to this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Munger,/concerned Court, where the case is pending in connection with Kotwali P.S. Case No.

Patna High Court CR. MISC. No.1412 of 2025(2) dt.05-02-2025 3/3 166 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T