Patna High Court
Gulshan Kumar @ Chhotam @ ChhotanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Gulshan Kumar, sought regular bail in a case registered under section 304 of the Indian Penal Code concerning the alleged theft of a golden chain. The prosecution alleged that a boy snatched the chain from a woman, and a gold-like chain was later recovered from the petitioner’s possession. The petitioner claimed innocence, arguing that the FIR was lodged against unknown miscreants, no TIP was conducted, and he was framed due to his six prior criminal antecedents. The State opposed the bail, citing the seriousness of the offence and the petitioner’s criminal record. After hearing both sides, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, physical presence at trial, and weekly attendance at the police station.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under section 304 and having prior criminal antecedents
Legislation cited
- Indian Penal Code — s. 304
Subjects
- bail
- section 304
- Indian Penal Code
- criminal antecedent
- theft
- gold chain
- judicial custody
- TIP
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5307 of 2026
Arising Out of PS. Case No.-336 Year-2025 Thana- RAJIVNAGAR District- Patna
======================================================
Gulshan Kumar @ Chhotam @ Chhotan Son of Raj Kumar Chauhan Resident
of Rajiv Nagar, Road No.- 21, Chhoti Bagicha, Police Station - Rajiv Nagar,
District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 304 of the
B.N.S.
3. The case of the prosecution is that when the
informant was returning her home after purchasing and as she
was about to reach her home, one boy snatched her golden
chain.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the FIR was
Patna High Court CR. MISC. No.5307 of 2026(2) dt.10-02-2026
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lodged against unknown miscreants. During course of
investigation, a gold like chain was recovered from the
possession of this petitioner. He has further submitted that
though recovery of gold like chain has been made from the
possession of this petitioner but no TIP was conducted. He has
been framed in this case due to his criminal antecedent. He is
having criminal antecedent of six criminal antecedent.
Moreover, the petitioner is languishing in judicial custody
since 02.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Rajiv Nagar P.S. Case No. 336 of 2025 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-II, Patna.
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every
fixed date.
Patna High Court CR. MISC. No.5307 of 2026(2) dt.10-02-2026
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(ii) The petitioner is also directed to mark his weekly
attendance at Rajiv Nagar P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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