Patna High Court
Gulshan kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to bail as the allegations against him are general and the specific knife‑injury charge is directed at a co‑accused.
Summary
The petitioner, Gulshan Kumar, was named in an FIR for multiple offences including assault, robbery and causing grievous hurt, with allegations that he and co‑accused attacked an informant and inflicted a knife wound. The petitioner contended that the allegations against him were vague and that the specific knife‑injury charge pertained to co‑accused Kundan Kumar, also noting that a similarly situated co‑accused had been granted anticipatory bail. The prosecution opposed bail, arguing the seriousness of the offences. The Court observed that the allegations of physical assault were general and that the specific charge of inflicting a knife injury was directed at another accused, rendering the case against the petitioner insufficiently specific to deny bail. Consequently, the Court ordered the petitioner’s release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite being named in the FIR for multiple offences.
- Whether the allegations against the petitioner are sufficiently specific to justify denial of bail.
- Whether the grant of anticipatory bail to a co‑accused influences the bail decision for the petitioner.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- anticipatory bail
- general allegations
- specific allegations
- Indian Penal Code
- Criminal Procedure Code
- false implication
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10813 of 2026
Arising Out of PS. Case No.-238 Year-2023 Thana- RAJEPUR District- East Champaran
======================================================
Gulshan kumar Son of Surendra Rai @ Surendra Ray Resident of village-
Nonimal, Ps- Rajepur, Dist- East Champarann
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv
: Ms. Harsha Shashwat, Adv
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Rajepur P.S. Case No.
238 of 2023 registered for the offences punishable under Sections
341, 382, 323, 324, 307, 413, 414, 354(B), 379, 506 and 34 of
the Indian Penal Code.
3. Briefly stated as per the written application of the
informant the prosecution story is that on 04.10.2023 at about
07.00 PM, the informant was returning by three wheeler and when
she reached nest Nonimal bridge the petitioner along with three
persons stopped the informant and started abusing, therefore on
protest the petitioner and other co-accused started assaulting the
informant and her sister in law and the petitioner gave knife blow
on the neck of the informant and her sister inlaw but anyhow both
Patna High Court CR. MISC. No.10813 of 2026(2) dt.24-02-2026
2/3
of them save herself. It is also alleged therein that the accused
snatched Rs. 900/- and fled away. Thereafter, on 05.10.2023 the
informant was going to lodge FIR against the petitioner then in the
way all the accused persons along with the petitioner abused and
assaulted the informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner has been falsely implicated
with the present case. It is pointed out that allegation against this
petitioner is very much general and omnibus in nature rather
allegation to inflict knife injury is specific against co-accused
Kundan Kumar. It is also pointed out that similarly situated co-
accused namely Lalan Kumar has already granted anticipatory bail
by one of the learned Co-ordinate Bench of this Court through Cr.
Misc. No. 28102 of 2024 dated 07.05.2024. While concluding
arguments, it is submitted that petitioner is a man of clean
antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as allegation qua physical assault is appearing very
much general and omnibus, where allegation qua inflicting knife
injury is specifically available against co-accused Kundan Kumar,
accordingly petitioner above-named, in the event of his arrest or
Patna High Court CR. MISC. No.10813 of 2026(2) dt.24-02-2026
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surrender before the court below within a period of four weeks, 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 JM 1 st Class, Sadar
at Motihari, East Champaran/concerned Court, where the case is
pending in connection with Rajepur P.S. Case No. 238 of 2023,
subject to the conditions as laid down under Section 438(2) of the
Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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