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Patna High Court

Gulshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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