Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to both petitioners upon the condition of a Rs.10,000 bond with sureties.
Summary
The petitioners, Gulshan Kumar and Pawan Kumar Mandal, were arrested in connection with a case registered under Sections 329(3), 126(2), 131, 351(3), 308(5), 352 and 3(5) of the B.N.S., alleging that they threatened an informant, seized her bike, and took cash and shop articles. The prosecution alleged that Pawan Kumar was armed and that the accused stole a bike and money, while the defence argued that the bike was voluntarily given to the informant and later recovered, and that the allegations were vague and no injury was caused. The informant contested the bail application, claiming the bike was recovered from Gulshan Kumar's house. After hearing both sides, the court considered the lack of prior criminal record for Gulshan Kumar, the general nature of the allegations, and the fact that the petitioners had been in custody since December 2025. The court ordered that both petitioners be released on bail upon furnishing a bond of Rs.10,000 each with sureties of equal amount, subject to the satisfaction of the District and Additional Sessions Judge, Rosera, Samastipur.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the B.N.S.
- Whether the evidence presented by the prosecution justifies continued detention of the petitioners
Legislation cited
- B.N.S. — s. 126(2), 131, 308(5), 329(3), 3(5), 351(3), 352
Subjects
- bail
- criminal procedure
- B.N.S.
- armed threat
- theft
- robbery
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19683 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
1. Gulshan Kumar, S/o Pawan Kumar Mandal, R/o Village - Shyampur Thahi,
P.S - Shivajinagar, District - Samastipur
2. Pawan Kumar Mandal, S/o Ram Krishna Mandal, R/o Village - Shyampur
Thahi, P.S - Shivajinagar, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayushman, Advocate
For the State : Mr. Rabindra Kumar, APP
For the Informant : Mr. Shankar Prasad Roy, Advocate
Mr. Vinay Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Shivajinagar P.S. Case No.122 of 2025 registered for the
offence punishable under Sections 329(3), 126(2), 131, 351(3),
308(5), 352 and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioners along with others arrived at the refreshment shop of the
informant. Pawan Kumar was armed with weapon. They
threatened her. It is further alleged that Pawan Kumar Mandal and
one Vishundev Mandal took the bike of the informant. Gulsan
Kumar took Rs. 30,000/- from cash box and Rambalam Mandal
Patna High Court CR. MISC. No.19683 of 2026(2) dt.26-03-2026
2/3
and Sita Devi took the shop articles worth Rs. 20,000/-
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. The informant and Gulshan Kumar both are relative. As far
as taking away of bike is concerned, it has been submitted that the
bike was given to him by the informant herself and the same was
recovered by police. It has further been submitted that the nature
of allegation is general and omnibus. Nobody has received any
injury and the allegation regarding taking cash and articles is
ornamental. Petitioner no.2 is having one criminal antecedent
whereas petitioner no.1 is having no criminal antecedent. They are
languishing in judicial custody since 22.12.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail. Learned counsel for the informant has
submitted that the bike was recovered from the house of Gulshan
Kumar.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
Patna High Court CR. MISC. No.19683 of 2026(2) dt.26-03-2026
3/3
sureties of the like amount each to the satisfaction of the learned
District and Additional Sessions Judge-I, Rosera, Samastipur in
connection with Shivajinagar P.S. Case No. 122 of 2025.
(Ashok Kumar Pandey, J)
lata/-
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