In a criminal miscellaneous petition, the Patna High Court released the petitioner on bail to furnish a bond of Rs. 10,000 with sureties during custody for offences under the UAPA, 1967.
Bail granted on furnishing bond of Rs. 10,000 with two sureties of like amount to the Chief Judicial Magistrate, Begusarai.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44456 of 2014
Arising Out of PS.Case No. -264 Year- 2014 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Shyam Nandan Sharma @ Lota Singh Son of Late Sachchidananad Rai R/o Village Cheriya, P.S. Bhagwanpur, District Begusarai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Shakib Ayaz, Advocate For the Opposite Party/s : Mr. Nazir Ansari(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 04-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Nagar P.S. Case No. 264 of 2014 for offence punishable under Sections 10/13 (1) (A) (B)/ 20 and 22 of the Unlawful Activities (Prevention) Act, 1967.
The allegation against the petitioner is that while claiming to be a naxalite, he was restraining the people from casting their vote in the 2014 Lok Sabha Elections. The FIR is on the self statement of the Station House Officer of the Nagar Police Station and who upon gathering such information went on the spot and arrested the petitioner.
Learned counsel for the petitioner submits that even in
Patna High Court Cr.Misc. No.44456 of 2014 (2) dt.04-02-2015
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absence of recovery of any incriminating articles from the possession of the petitioner that he has been arrested only on the materials reflected in the FIR and for which he is in custody since 31.5.2014.
Having heard learned counsel for the parties and taking note of submissions of learned counsel as also the nature of allegations as well as the period of custody, let the petitioner Shyam Nandan Sharma @ Lota Singh be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Nagar P.S. Case No. 264 of 2014, G.R. No. 1917 of 2014.
(Jyoti Saran, J)
S.Sb/-
U
1 issue framed by the court
Whether the appellant should be released on bail in connection with the arrest under the Unlawful Activities (Prevention) Act, 1967.
1 provisions across 1 enactments
Shyam Nandan Sharma @ Lota Singh
The State of Bihar
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
