Birendra Yadav @ Birendra Prasad Yadav @ Virendra Prasad Jadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46334 of 2015 Arising Out of PS.Case No. -106 Year- 2014 Thana -ATRI District- GAYA ======================================================

1. Birendra Yadav @ Birendra Prasad Yadav @ Virendra Prasad Jadav, Son of late Antu Yadav, Resident of Village- Bhalua, Police StationAtri, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate. For the Opposite Party/s : Mr. Ambika Bhagat (SPL.APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 12-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Birendra @ Birendra Prasad Yadav @ Virendra Prasad Jadav, in connection with Atri Police Station Case No.

of 2014, under Sections 147/148 /149/323/504/302/120-B of the Indian Penal Code, Section 27 of the Arms Act, 1959 and Section 3(i) (x) of the SC/ST Act. Perused the above application and materials on record.

Heard Mr. Syed Asgher Najmi, learned Counsel for the petitioner, and Mr. Ambika Bhagat, learned Special Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody since 17.06.2015 in connection with the case

Patna High Court Cr.Misc. No.46334 of 2015 (2) dt.12-10-2015 2/2 aforementioned 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 Mr. Anand Kumar Singh, Judicial Magistrate, 1st Class, Gaya, in connection with Atri Police Station Case No. 106 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.) Mkr./- U