Shivanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35400 of 2015 Arising Out of PS.Case No. -110 Year- 2015 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Shivanand Singh son of Late Ram Kishore Singh, Resident of village- Rasai Bigha, P.S.- Hilsa, District- Nalanda, at present residing at Village- Chak Bairiya, P.S.- Gopalpur, District- Patna .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Bhola Kumar, Advocate For the Opposite Party : Mr. A.M.P.Mehta, APP For the Informant :

Mr. Ramesh Kumar, Advocate Mr. Sanjiv Sharan, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 26-08-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Shivanand Singh, in connection with Ram Krishna Nagar Police Station Case No. 110 of 2015, under Sections341/323/384/385/386/387/427/504/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Bhola Kumar, learned Counsel for the petitioner, and Mr. A.M.P. Mehta, learned Additional Public Prosecutor, appearing on behalf of the State. Heard also Mr. Ramesh Kumar, learned Counsel, appearing for the informant.

In view of the fact that the accused above-named has been in custody since 20.06.2015 in connection with the

Patna High Court Cr.Misc. No.35400 of 2015 (2) dt.26-08-2015 2/2 case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available on record 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 the learned Judicial Magistrate, 1st Class, Patna, in connection with Ram Krishna Nagar Police Station Case No. 110 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.