Surendra Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9691 of 2016 Arising Out of PS.Case No. -101 Year- 2015 Thana -HATHAURI District- MUZAFFARPUR ======================================================

1. Surendra Baitha Son of Ram Chandra Baitha, Resident of VillageAdalpur, P.S.- Tariyani, District- Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur, Adv. For the Opposite Party/s : Md.Arif (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 16-03-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Surendra Baitha, in connection with Hathauri Police Station Case No. 101 of 2015, under Sections 414 of the Indian Penal Code, 16, 17, 18 and 20 of U.A.P.A. Act. Perused the above application and materials on record.

Heard Mr. Hari Kishore Thakur, learned Counsel, appearing on behalf of the petitioner, and Md. Arif, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody since 08.09.2015 and charge sheet has already been submitted in connection with the case aforementioned and perusal of the materials available does not

Patna High Court Cr.Misc. No.9691 of 2016 (2) dt.16-03-2016 2/2 reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of learned Sessions Judge-Cum-Special Judge, Muzaffarpur, in connection with Hathauri Police Station Case No. 101 of 2015.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T