Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45419 of 2015 Arising Out of PS.Case No. -1049 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== Raju Kumar, son of Shambru Mahto, R/o village- Riga Station, P.S.- Riga, District- Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Sharma (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 30-09-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Raju Kumar, in connection with Sitamarhi Police Station Case No.1049 of 2014, under Sections 394, 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Perused the above application and materials on record.
Heard Mr. Ashok Kumar Jha, learned Counsel, appearing for the petitioner, and Mr. Sanjay Kumar Sharma, learned Additional Public Prosecutor, appearing on behalf of the State.
It is submitted that co-accused, namely, Satyendra Thakur and Bagish Jha, in the present case, have been allowed to go on bail by order, dated 22.09.2015, passed, in Cr. Misc.
Patna High Court Cr.Misc. No.45419 of 2015 (2) dt.30-09-2015 2/3 No.19590 of 2015 and Cr. Misc. No.21488 of 2015, respectively. Considering the observations made in the order, dated 22.09.2015, aforementioned coupled with the fact that the present petitioner has been in custody since 30.06.2015 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 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 learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi Police Station Case No.1049 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.
Patna High Court Cr.Misc. No.45419 of 2015 (2) dt.30-09-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) Sunil/- U T