The High Court at Patna refused regular bail to the petitioner, Nishu Kumar Singh, in a case involvingIPC 307 and Arms Act offences where three persons sustained injuries.
The prayer for regular bail was refused.
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.5107 of 2021
Arising Out of PS. Case No.-142 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar
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Nishu Kumar Singh @ Chhotani Singh aged about 30 years S/o Munnu Singh R/o Village - Majhariya, Dakshin Tola, P.S. - Buxar (Industrial Area), District – Buxar . ... Petitioner
Versus
The State of Bihar ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party : Mr. PK Pandey, Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 22-06-2021
This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioner and the State.
The petitioner seeks regular bail in Buxar (Industrial Area) Police Station Case No. 142 of 2019 registered for the offences punishable under sections 307/34 and other allied sections of the Indian Penal Code 27 of the Arms Act.
As per the prosecution case, petitioner is alleged to have fired from his pistol as a result of which three persons including the informant sustained fire arms injuries.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous enmity. There is no motive to cause injury to the informant and other injured persons. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner has got no criminal antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 8.7.2020 and Charge sheet has already been submitted.
Learned counsel for the State opposes the prayer for bail and submits that the petitioner is alleged to have fired causing gun shot injuries to three persons.
Considering the rival submissions of the parties,
Patna High Court CR. MISC. No.5107 of 2021(3) dt.22-06-2021 2/2
materials available on the record, prayer for bail of the petitioner refused.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether the prayer for regular bail in a case involving offences under IPC 307 and Arms Act should be allowed or refused.
1 provisions across 1 enactments
Nishu Kumar Singh
State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
