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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9645 of 2024 Arising Out of PS. Case No.-9 Year-2023 Thana- MARANCHI District- Patna ====================================================== 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 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. 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.

3. 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.

4. 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

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

5. 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.

6. 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.

7. In the present facts and circumstances of this case 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 1st 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. (Dr. Anshuman, J.) Divyansh/- U T