Gulshan Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71827 of 2018 Arising Out of PS. Case No.-498 Year-2018 Thana- BANKA District- Banka ======================================================

1. Gulshan Kumar Singh,

2. Vikash Kumar Singh, Both Son of Nageshwar Prasad Singh, resident of Village- Bishupur, P.S. + District- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Banka P. S. Case No. 498 of 2018 dated 23.07.2018 instituted for the offences under Sections 342, 323, 324, 307, 504, 506/34 of the Indian Penal Code. The petitioner no. 2 is said to have made an attempt of thrusting a dagger in the stomach of the son of the informant but the attempt was warded off by victim. However, in the process, it is alleged that the son of the

Patna High Court Cr.Misc. No.71827 of 2018(3) dt.11-01-2019 2/3 informant/victim received injuries in his palm. Learned counsel for the petitioners has submitted that both the petitioners are own brothers and have been made accused by the informant who has some axe to grind against them. Though, no specific case has been lodged by either of the parties against each other but there exists bad blood between the two families. The injuries suffered by the son of the informant are only on his fingers. The background facts, it has been alleged, is also not worth accepting as both the petitioners are brothers and they would not, normally, be expected to visit a woman for immoral purposes.

Considering the aforesaid facts as also taking into account the clean antecedents of the petitioners, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.

Patna High Court Cr.Misc. No.71827 of 2018(3) dt.11-01-2019 3/3 Banka in connection with Banka P. S. Case No. 498 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U