Gulshan Kumar @ Rifle Paswan Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85807 of 2025

Arising Out of PS. Case No.-8 Year-2025 Thana- Bankebazar District- Gaya

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Gulshan Kumar @ Rifle Paswan, S/O Devendra Paswan, R/O Village- Bechu Bigha (Bechubigha), P.S- Bankey Bazar, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar, Advocate For the Opposite Party/s : Ms. Pushpa Sinha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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2 09-01-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Petitioner, who is in custody, seeks bail in connection with Bankey Bazar P.S. Case No. 8 of 2025, registered for the offences punishable under Sections 305 and 334(1) of the Bharatiya Nyaya Sanhita, 2023.

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As per the prosecution case, the informant has alleged that jewelry worth Rs.50,000/- and cash of Rs. 6,000 have been stolen from a shop.

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The learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has transpired in this case during the course of investigation on the basis of the confessional statement of co-accused Rohit Kumar. It has next been submitted that no incriminating article has been

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Patna High Court CR. MISC. No.85807 of 2025(2) dt.09-01-2026 2/3

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recovered from the conscious possession of the petitioner and in fact the petitioner has been implicated in this case falsely, as he carries six criminal antecedents against his name. It has further been submitted that there is no evidence on record to connect the petitioner with the aforesaid incident. It has lastly been submitted that the petitioner in the six criminal cases is on bail in two of these cases and in the present case he is in custody since 24.03.2025.

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The learned A.P.P. has vehemently opposed the prayer for bail.

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Considering the aforesaid submissions made by the parties, 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 the learned court below where the case is pending/successor court in connection with Bankey Bazar P.S. Case No. 8 of 2025, subject to the following conditions:-

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(i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident.

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(ii) The petitioner shall remain physically present in Court on each date of the trial.

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(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by

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Patna High Court CR. MISC. No.85807 of 2025(2) dt.09-01-2026 3/3

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the court concerned.

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(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

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(v) The learned 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 abovementioned order shall not be delayed for purpose of or in the name of verification.

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(vi) In view of the antecedent of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Gaya within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.

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Accordingly, the prayer for bail is allowed.

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It is made clear that the observation, if any, made in

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this order, shall be of no bearing during the trial.

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(Sourendra Pandey, J)

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manoj/-

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U T

Gulshan Kumar @ Rifle Paswan v. The State of Bihar

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Gulshan Kumar @ Rifle Paswan v. The State of Bihar

Case brief

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