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Patna High Court

Gulshan Kumar @ Gulsan Kumar @ Gushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner on a bond of Rs 10,000 with specified conditions.

Summary

Gulshan Kumar was arrested on 29 January 2026 in connection with FIR dated 28 January 2026 alleging that he contracted to kill witnesses in a murder case. The FIR charges him under Sections 111 and 61(2) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The petitioner contended that the allegations were fabricated, no incriminating articles were recovered except a mobile phone, and that a co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the alleged offence and the petitioner’s four other pending cases, though he was on bail in those matters. The High Court, after considering the submissions, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence or witnesses, and verification of criminal antecedents.

Issues considered

  • What is the appropriateness of granting bail to a person accused of contracting witness murders under the BNS Act and Arms Act?
  • Do the petitioner’s other pending criminal cases affect the grant of bail in the present matter?
  • Is the lack of recovered incriminating material sufficient to justify bail?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • arms act
  • witness intimidation
  • pre‑trial detention
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37496 of 2026
                 Arising Out of PS. Case No.-40 Year-2026 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Gulshan Kumar @ Gulsan Kumar @ Gushan Kumar Son of Mantun
                 Chaudhary @ Mantun Choudhary Resident of Village- Machaha, ward no. 4,
                 P.S.- Singhaul (Singhoul), District- Begusarai

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :      Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                    Heard Mr. Sandip Kumar Gautam, learned counsel

                   for the petitioner and Ms. Veena Kumari Jaiswal, the learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   29.01.2026 in connection with Town (Nagar) P.S. Case No. 40

                   of 2026, F.I.R. dated 28.01.2026 registered for the offence

                   punishable under Sections 111, 61(2) of BNS, 2023 and also

                   under Section 25 (1-b) a, 26, 35 of the Arms Act.

                                3. As per FIR, allegation against the petitioner is for

                   taking contract to kill the witnesses of Munna Singh’s murder

                   case.

                                4. Learned counsel appearing for the petitioner

                   submits that the allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.37496 of 2026(2) dt.17-06-2026
                                            2/3




          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It appears from the FIR as well as the seizure

          list that nothing incriminating article has been recovered from

          possession of the petitioner rather only one mobile phone was

          recovered from possession of the petitioner and co-accused

          person, namely, Pritam Kumar @ Preetam Kumar has been

          granted bail by a Coordinate Bench of this Hon’ble Court vide

          order dated 16.06.2026 passed in Cr. Misc. No.37750 of 2026,

          and the police, after investigation, submitted charge-sheet

          against the petitioner and the petitioner is in custody since

          29.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner has

          participated in the present crime in question and apart from that

          the petitioner carries four more cases other than the present one

          but he fairly submits that, the petitioner is on bail in all the

          cases, as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, let the petitioner,

          above named, be released 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 Additional Chief Judicial

          Magistrate-IV, Begusarai in connection with Town (Nagar) P.S.
               Patna High Court CR. MISC. No.37496 of 2026(2) dt.17-06-2026
                                                           3/3




                         Case No. 40 of 2026,with the following conditions:-

                                      (I) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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