Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to conditions, invoking its inherent powers under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Gulshan Kumar, sought bail after being charged under Sections 126(2), 352, 351(2), 308(2), 308(3) and 61(2) of the Bhartiya Nyaya Sanhita, 2023 for allegedly threatening an informant with a pistol. He contended that the case was fabricated as retaliation for a financial dispute in which he had advanced Rs. 12.5 lakh to the informant, who later issued dishonoured cheques and was served a legal notice. The State opposed the bail application. The High Court, considering the circumstances and the possibility of abuse of process, ordered that the petitioner be released on bail upon surrender within eight weeks, furnishing a bail bond of Rs. 10,000 with two sureties, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order effectively granted the bail petition.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bhartiya Nyaya Sanhita, 2023.
- Whether the allegations constitute a false case and invoke the inherent powers of the High Court under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 126(2), 308(2), 308(3), 351(2), 352, 61(2)
Subjects
- bail
- false case
- threat with pistol
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- inherent powers
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1898 of 2026
Arising Out of PS. Case No.-562 Year-2025 Thana- KANKARBAG District- Patna
======================================================
Gulshan Kumar S/o- Amarnath Sharma R/o - Anandpur, P.S - Bihta, District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar
For the Opposite Party/s : Mr.Anish Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 352, 351(2),
308(2), 308(3) and 61(2) of the Bhartiya Nyaya Sanhita, 2023.
3. Allegation against petitioner is that he along with
other co-accused persons threatened the informant on the point
of pistol.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case. As a matter of
fact, petitioner and informant are friends and out of friendship,
petitioner had given Rs. 12,50,000/-, as financial assistance, to
the informant and for the same, a mutual agreement was also
executed between the parties, for which, informant issued two
cheques of Rs. 5,35,000/- each in favour of petitioner, but the
said cheques got dishonoured due to insufficiency of fund and
Patna High Court CR. MISC. No.1898 of 2026(2) dt.29-01-2026
2/2
thereafter, petitioner issued legal notice to the informant. To
settle score and out of revenge, the present false case has been
instituted. Present case is nothing but counter blast of that case.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case, let the
above named petitioner, in the event of arrest/surrender 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
A.C.J.M. 11th, Patna in connection with Kankarbagh P.S. Case
No. 562 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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