Patna High Court – Orders
Gulshan Kumar vs The State Of Bihar on 2 July, 2026
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38750 of 2026
Arising Out of PS. Case No.-142 Year-2022 Thana- MOHIUDDIN NAGAR District-
Samastipur
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Gulshan Kumar S/O Dilip Singh @ Dilip Kumar Kunwar R/O Ward No. 7,
Tanra, Kalyanpur Basti, P.S- Mohiuddin Nagar, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Shankar Singh, Advocate
: Mr.Akshansh Shanker, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 02-07-2026
Heard Mr.Abhay Shankar Singh, learned counsel for
the petitioner and Mr.Kumar Veerendra Narayan, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Mohiuddin Nagar P.S.Case No.142 of 2022,FIR
dated 17.06.2022 registered for the offences punishable under
Sections 147, 149, 341, 342, 323, 324, 307, 353, 332, 333, 337,
338, 427, 436, 188, 379, 380, 506 and 34 of IPC.
3. As per the F.I.R. fourteen accused persons named in
the F.I.R. including the petitioner along with 250-275 unknown
persons assembled near Mohiuddin Nagar Railway Police
Station, Samastipur, set ablaze the train which was standing at
the Platform No. 3 and when the police party intervened, they
Patna High Court CR. MISC. No.38750 of 2026(2) dt.02-07-2026
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attacked on the police party causing injury to the police
personnel. All the persons were protesting against the
Government scheme for recruitment of Agniveer in the Indian
Army.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. From a bare perusal of the
FIR it appears that the FIR has been instituted against 14 named
accused persons alongwith 250 to 275 unknown persons.
Petitioner is not named in the FIR and he has been made
accused in the present case merely on the basis of the CCTV
footage as well as on the basis of confessional statement of
other co-accused persons and except the aforesaid, nothing has
come during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence. Further
submits that there is no specific allegation of any assault or
overt-act attributed against the petitioner in the FIR and co-
accused persons namely Chikku @ Chikku Kumar @ Sushil
Yadav has been granted anticipatory bail by this Court vide
order dated 18.01.2024 in Cr. Misc No. 84440 of 2023 and
another co-accused persons namely Anant Kumar @ Ankit
Patna High Court CR. MISC. No.38750 of 2026(2) dt.02-07-2026
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Kumar and Pintu Kumar Ray have been granted anticipatory
bail by co-ordinate benches of this Court vide order dated
20.03.2023 in Cr. Misc No. 66374 of 2022 and 06.09.2023 in
Cr. Misc No. 45854 of 2023, respectively.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, petitioner is not named in the FIR, name of the
petitioner has been transpired during investigation on the basis
of CCTV footage as well as on the basis of confessional
statement of other co-accused persons and similarly situated co-
accused persons have been granted privilege of anticipatory bail
by different Co-ordinate Benches of this Hon’ble Court or by
this Court, let the petitioner, above named, in the event of his
arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, 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, Samastipur in
connection with Mohiuddin Nagar P.S.Case No.142 of 2022,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023
Patna High Court CR. MISC. No.38750 of 2026(2) dt.02-07-2026
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and with other 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/her
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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