Patna High Court
Gulshan Kumar @ Gulsan Kumar @ Gushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1-b)(a), 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 111, 61(2)
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
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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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