Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73407 of 2024 Arising Out of PS. Case No.-223 Year-2024 Thana- ISLAMPUR District- Nalanda ====================================================== 1.
Gulshan Kumar Son of Pramod Singh Resident of Village - Manichak, P.S. - Islampur, District - Nalanda at Biharsharif 2.
Jagdish Singh Son of Rajdev Singh Resident of Village - Manichak, P.S. - Islampur, District - Nalanda at Biharsharif 3.
Prem Ranjan Singh Son of Rajdev Singh Resident of Village - Manichak, P.S. - Islampur, District - Nalanda at Biharsharif 4.
Shankar Kumar Son of Pramod Singh Resident of Village - Manichak, P.S. - Islampur, District - Nalanda at Biharsharif 5.
Sanjay Singh Son of Rajdev Singh Resident of Village - Manichak, P.S. - Islampur, District - Nalanda at Biharsharif ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shanker Pankaj For the Opposite Party/s :
Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-12-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 323, 324, 307, 354, 379 and 506 of the Indian Penal Code read with Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that petitioner no. 3 has antecedent of one case and rest of the petitioners are persons with clean antecedent and the informant
Patna High Court CR. MISC. No.73407 of 2024(2) dt.20-12-2024 2/3 alleges that on account of dispute relating to land, the accused persons came and Pramod assaulted informant by an iron rod causing injury on head, thereafter, Raj Dev assaulted him by khanti on head causing injury, further Gulshan (petitioner no. 1) assaulted maternal nephew of the informant namely Ajit by an iron rod on account of which he became unconscious, thereafter, Shankar (petitioner no. 4) assaulted Beby by an iron causing injury on hand, thereafter Jagdish (petitioner no. 2) assaulted Munchun by lathi causing injury on head, while Sanjay (petitioner no. 5) assaulted Priti by lathi causing injury on head and Premranjan (petitioner no. 3) assaulted Tunni by lathi causing injury on head while female accused surrounded the family members of the informant and Gulshan brought a country made pistol and fired twice on informant, but missed, thereafter Shankar snatched golden chain of Beby and Gulshan snatched ear rings of Shashi Devi.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that from side of the petitioners, Islampur P.S. Case No. 226 of 2024 was instituted against the side of the informant and others. It is also submitted that the injury suffered by the injured is simple in nature
Patna High Court CR. MISC. No.73407 of 2024(2) dt.20-12-2024 3/3 (Annexure-4), which amply demonstrates that petitioners never had any intention of committing a serious occurrence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Islampur P.S. Case No. 223 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T