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Patna High CourtCR. MISC./12562/2016bail granted

Pankaj Kumar v. The State Of Bihar

2016-03-16The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12562 of 2016 Arising Out of PS.Case No. -566 Year- 2001 Thana -KADAMKUAN District- PATNA ====================================================== Pankaj Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Adv. For the Opposite Party/s : Mr. D.P.Tiwari (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, Pankaj Kumar, in connection with Sessions Trial No.1206A/2005/499/2015/687/2015, arising out of Kadamkuan (Kankarbagh) Police Station Case No. 566 of 2001, under Sections 364, 364A, 34, 377 and 120B of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Patanjali Rishi, learned Counsel, appearing on behalf of the petitioner, and Mr. D.P. Tiwari, learned Additional Public Prosecutor, appearing on behalf of the State.

In view of the fact that the accused above-named

Patna High Court Cr.Misc. No.12562 of 2016 (2) dt.16-03-2016 2/3 has been in custody since 15.05.2015 and charge sheet having been submitted, charges have already been framed in connection with the case aforementioned and perusal of the materials available does not 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 Additional Sessions JudgeVIII, Patna, in connection with Sessions Trial No.

1206A/2005/499/2015/687/2015, arising out of Kadamkuan (Kankarbagh) Police Station Case No. 566 of 2001. 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.

Patna High Court Cr.Misc. No.12562 of 2016 (2) dt.16-03-2016 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T