Ambika Dutta @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44882 of 2014 Arising Out of Motihari Town PS.Case No. 580 of 2013, Thana - MOTIHARI TOWN, District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Ambika Dutta @ Chhotu Son of Late Sachidanand Singh, Resident of Kanchedwa, P.S. Harsiddhi, at present Shantipuri, P.S. Town, Motihari, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Bhan Singh For the Opposite Party/s : Mr. Ram Bechan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 03-03-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Ambika Dutta @ Chhotu, in connection with Motihari Town P.S.Case No. 580 of 2013 under Sections 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

Perused the above application and materials on record. Heard Mr. U.B.Singh, learned counsel for the petitioner, and Mr. R.B.Singh, learned Additional Public Prosecutor, appearing on behalf of the State.

In view of the fact that the accused above-named has been in custody since 14.12.2013 in connection with the case

Patna High Court Cr.Misc. No.44882 of 2014 (2) dt.03-03-2015 aforementioned and though charge sheet has been submitted, trial has not yet commenced 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 the learned Chief Judicial Magistrate, Motihari, East Champaran.

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, J) A.I./- U