The Patna High Court granted bail to the petitioner, Nilu Singh, accused of involvement in an incident under the Indian Penal Code, Arms Act, and C.L.A. Act. The court ordered his release upon furnishing a bail bond of Rs. 10,000 with two sureties.
Petitioner granted bail on a bond of Rs. 10,000 with two sureties of the like amount.
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.38631 of 2018
Arising Out of PS. Case No.-20 Year-2018 Thana- MATIHANI District- Begusarai
======================================================
Nilu Singh S/o Chhatish Singh, R/o Vill.- Ramdiri, Tola Ram Nagar, P.S.Matihani, Disrict- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Sri Anil Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
4 24-08-2018
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner, who is in custody, seeks bail in connection with Matihani P.S. Case No. 20 of 2018 registered for the offence punishable under Sections 307, 353/34 of the Indian Penal Code and Sections 25 (1-B) A, 26, 27 of Arms Act and 17 C.L.A. Act.
Informant has alleged in the FIR that all active members of Naxalite including petitioner were making planning in the house of petitioner and after getting information of police force, they started firing upon the police force and police force retaliated by firing upon the members of Naxalite. Thereafter Naxalite members fled away and petitioner was
Patna High Court Cr.Misc. No.38631 of 2018(4) dt.24-08-2018 2/2
caught. On search one carbine and five live cartridges were recovered from his house.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that at the time of occurrence petitioner had organized a Puja in his house which was attended by villagers. Petitioner has no criminal antecedent and he is in custody since 18.02.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of F.T.C.I., Begusarai, in connection with Matihani P.S. Case No. 20 of 2018.
(S. Kumar, J)
veena/-
U T
2 issues framed by the court
Whether the petitioner is entitled to release on bail in case of Sections 307, 353/34 of the Indian Penal Code, Arms Act and C.L.A. Act.
Whether the petitioner has been falsely implicated in the case.
3 provisions across 3 enactments
Nilu Singh
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
