Navi Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46119 of 2015 Arising Out of PS.Case No. -183 Year- 2014 Thana -BAHERA District- DARBHANGA ====================================================== Navi Hassan Son of Md. Ful Hassan, Resident of Village - Dhamuwara, P.S. - Bahera (O.P. Alinagar), District - Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Gajendra Prasad Yadav, Advocate For the Opposite Party : Mr. Satyendra Pd., APP ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 08-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Navi Hassan, in connection with Bahera Police Station Case No. 183 of 2014, under Sections 302/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. G. P. Yadav, learned Counsel for the petitioner, and Mr. S. Prasad, learned Additional Public Prosecutor, appearing on behalf of the State. The accused above-named has been in custody since 28.07.2015 in connection with the case aforementioned on the basis of the statements of the father, mother and sister of the deceased recorded, under Section 164 of the Code of Criminal Procedure, after as much as ten months of the occurrence. This

Patna High Court Cr.Misc. No.46119 of 2015 (2) dt.08-10-2015 2/2 apart, perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody.

In view of the above coupled with the fact that the perusal of the materials does not reveal that the accusedpetitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned A.C.J.M., Benipur, Darbhanga, in connection with Bahera Police Station Case No. 183 of 2014.

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) Pawan/- U T