Allowed

Bhullu Nishad @ Bhullu Singh Nishad v. The State of Bihar

Patna HC16 Apr 2024CR. MISC./9645/2024

Case brief

AI extract

What is this about?

In a bail petition regarding PS Case No. 09 of 2023 involving firearm discharge allegations, the High Court of Patna granted regular bail contingent upon the framing of charges, specifying a timeline of two months post-framing if charges are not yet framed.

What did the court decide?

Bail granted on the condition of two months after framing of charges, if not framed, with a bond of Rs.30,000 and two sureties.

Bhullu Nishad @ Bhullu Singh Nishad Vs The State of Bihar — Bail and Remand | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9645 of 2024

¶2

Arising Out of PS. Case No.-9 Year-2023 Thana- MARANCHI District- Patna

¶3

======================================================

¶4

Bhullu Nishad @ Bhullu Singh Nishad S/o Ramashish Singh Nishad @ Ramashish Nishad R/o Vill - Dumara Diyara, Janjira, P.S. - Maranchi, Dist. - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Kashyap, Adv. For the Opposite Party/s : Ms. Nirmala Kumari, APP ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

¶10

ORAL ORDER

¶11

3 16-04-2024

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State.

¶14

The petitioner seeks regular bail in connection with Maranchi P.S. Case No. 09 of 2023, lodged on 23.01.2023 under Sections 341, 323, 307, 504, 506, 448, 34 of the Indian Penal Code read with section 27 of the Arms Act.

¶15

As per the prosecution case, FIR has been lodged against five named accused persons including the present petitioner. In the FIR, the allegation against the present petitioner is that he has made a gun shot but by his gun shot, no one was injured.

¶16

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that no one was injured from the petitioner’s gun shot. Counsel further submits that the criminal antecedent of the

¶17

Patna High Court CR. MISC. No.9645 of 2024(3) dt.16-04-2024 2/2

¶18

petitioner is not clean and there are two criminal cases pending against him in which he is on bail. The petitioner is in custody since 30.10.2023 in the present case.

¶19

Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is a direct allegation against the petitioner of making gun shot though by his gun shot, no one was injured.

¶20

Upon the specific query of the Court from the counsel for petitioner that whether charge has been framed in this case or not, counsel submits that as per his knowledge, charge has not been framed in this case.

¶21

In the present facts and circumstances of this case

¶22

and the submissions made above, let the petitioner above named be granted bail, but only two months after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/(Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Barh, Patna in connection with Maranchi P.S. Case No. 09 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

¶23

(Dr. Anshuman, J.)

¶24

Divyansh/-

Bhullu Nishad @ Bhullu Singh Nishad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bhullu Nishad @ Bhullu Singh Nishad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mahangi Devi Vs Babban Prasad

Bikesh Kumar Singh Vs the Union of India

Mukesh Kumar and Ors. Vs The State Of Bihar and Ors.

Dhananjay Mandal @ Naresh Mandal Vs The State of Bihar

Ram Prakash Yadav @ Ram Pravesh Yadav Vs The State of Bihar

Sonu Ansari Vs The State of Bihar