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Patna High Court - Orders

Gulshan Kumar @ Dumdum vs The State Of Bihar on 24 July, 2023

Author: Sunil Kumar Panwar

Bench: Sunil Kumar Panwar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14064 of 2023
                   Arising Out of PS. Case No.-818 Year-2021 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 GULSHAN KUMAR @ DUMDUM S/O SANJAY SINGH Resident of
                 Village- Balgudar P.S.- and District- Lakhisarai.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar
                 For the Opposite Party/s :       Mr.Satyendra Narayan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
                                       ORAL ORDER

4   24-07-2023

Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder to the informant's son, namely, Rahul Kumar while he was coming to his house from his bathan by gunshot by unknown person.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. No one is the eye witness of the alleged occurrence. On the basis of confessional statement of co- accused Diwakar Kumar, name of the petitioner has been transpired. During investigation, no consistent material has Patna High Court CR. MISC. No.14064 of 2023(4) dt.24-07-2023 2/2 come against the petitioner to show his involvement in the present case. Petitioner is languishing in judicial custody since 23.12. 2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Lakhisarai in connection with Lakhisarai P.S. Case No. 818 of 2021.

(Sunil Kumar Panwar, J) sushma/-

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