Chandeshwar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35682 of 2015 Arising Out of PS.Case No. -198 Year- 2012 Thana -GARKHA District- SARAN ======================================================

1. Chandeshwar Sahani, Son of Deo Nandan Sahani, Resident of Village - Badhichak Sulaman Dih, P.S. - Maker, District - Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 28-08-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Chandeshwar Sahani, in connection with S. Tr. No.219/2014, arising out of Garkha Police Station Case No.198 of 2012, under Sections 341/144/149/435/436/427/504 of the Indian Penal Code, 3⁄4 of the Explosive Substances Act and Section-17 of the C.L.A. Act.

Perused the above application and materials on record.

Heard Mr. Mukesh Kumar Singh, learned Counsel for the petitioner, and Mr. Bharat Bhushan, learned Additional Public Prosecutor, appearing on behalf of the State. It is submitted on behalf of the petitioner that co-

Patna High Court Cr.Misc. No.35682 of 2015 (2) dt.28-08-2015 2/3 accused Bed Prakash Singh @ Vikash Singh has already been granted regular bail by this Court, vide order dated 18.08.2013. In view of the fact that the accused above-named has been in custody since 26.08.2015 in connection with the case aforementioned and charge sheet has been submitted, 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 available on record 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 the learned 9th Additional Sessions Judge, Saran, Chapra, in connection with S. Tr. No.219/2014, arising out of Garkha P.S. Case No.198/2012.

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

Patna High Court Cr.Misc. No.35682 of 2015 (2) dt.28-08-2015 3/3 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