Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted as the allegations did not constitute a specific overt act against the petitioner and the court exercised its inherent powers under Section 482(2) of the BNSS.
Summary
The petitioner, Gulshan Kumar, sought anticipatory bail after the police registered a case alleging his involvement in offences under the Bharatiya Nyaya Sanhita and the Arms Act, including attempted murder, assault, and illegal possession of a firearm. The prosecution’s case centered on the actions of co‑accused Gurmit Sagar, who allegedly threatened the informant, demanded ransom, and was in possession of a pistol, claiming that the petitioner was part of the alleged gang. The petitioner contended that he had committed no overt act and that the specific charge of demanding ransom pertained only to Gurmit Sagar, his nephew. The State opposed the bail, arguing the seriousness of the allegations. The Court, considering the lack of direct evidence against the petitioner and invoking its inherent powers under Section 482(2) of the BNSS, granted anticipatory bail subject to a bond and sureties, with conditions for surrender within eight weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the allegations made against him.
Legislation cited
- Arms Act — s. 25(9)
- Bharatiya Nyaya Sanhita — s. 308(4), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Arms Act
- section 482
- criminal procedure
- ransom demand
- threats
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13839 of 2026
Arising Out of PS. Case No.-309 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Gulshan Kumar Son of Sanjay Yadav Resident of Village- Garhi Bishanpur,
P.S. and District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 308(4), 352, 351(2), 3(5)
of the Bharatiya Nyaya Sanhita and Section 25(9) of the Arms
Act.
3. As per prosecution case, the informant’s nephew
co-accused Gurmit Sagar has been continuously threatening the
informant since 23.06.2025 through messages demanding
ransom, tarnishing his image and threatening to kill him. It is
further alleged that he always remains under the influence of
intoxication and holds pistol. He has also uploaded his pictures
along with the pistol on social media. It is further alleged that he
has constituted a gang of bad elements including this petitioner
along with other F.I.R. named accused persons who carry pistols
Patna High Court CR. MISC. No.13839 of 2026(2) dt.23-03-2026
2/2
with them.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
accusation of demanding ransom is against co-accused Gurmit
Sagar who is none other than own nephew of the informant.
There is no allegation of any specific overt act against the
petitioner.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case and nature of
accusation, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Lakhisarai in connection with Lakhisarai P. S. Case
No. 309 of 2025, subject to condition as laid down under
Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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