Nanku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61532 of 2018 Arising Out of PS. Case No.-86 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== Nanku Singh, S/o Mahendra Singh, Resident of Village- Lowalagan, P.S.- Chousa, District- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2018 Heard both sides.

Petitioner seeks bail in Chausa P.S. Case No.86 of 2018, registered under Sections 147, 148, 149, 323, 307 and 353 of the Indian Penal Code read with Sections 25(1-b)a, 26/27/35 of the Arms Act as well as under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The informant, a police officer, alleged that while he along with other Constables were on patrolling duty in Diyara region for the security of farmers, Sunil Singh, Pankaj Muni and Akhilesh Singh came from in front. They were armed with rifle and other fire arms and started firing. The police Constables also resorted to fire. On chase, the petitioner was apprehended. From the possession of the petitioner, one country made gun kept in the hand and one from the pocket were recovered besides 14

Patna High Court Cr.Misc. No.61532 of 2018(2) dt.06-10-2018 2/2 live cartridges.

It is submitted that the petitioner is in jail since 20.04.2018. Other accused persons, namely, Brajesh Singh, Manoj Singh Bhatia and Pankaj Singh have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated 18.07.2018, 01.08.2018 and 05.09.2018 passed in Cr. Misc. Nos.43262 of 2018, 46620 of 2018 and 53380 of 2018 respectively.

Considering the facts aforesaid and the fact that the petitioner has got no criminal antecedent and he is in custody for about six months, petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IInd-cumSpecial Judge, Excise Act, Madhepura in connection with Chausa P.S. Case No.86 of 2018.

(Prabhat Kumar Jha, J) S.KUMAR/- U T