Kailash Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46311 of 2015 Arising Out of PS.Case No. -155 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Kailash Sada, Son of Late Sahdeo Sada, Resident of Village- Hariyo, P.S.- Simri Bakhtiyarpur, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta(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 accused-petitioner, namely, Kailash Sada, in connection with Bakhtiarpur (Balwa Hat O.P.) Police Station Case No. 155 of 2015, under Sections 147/148/149/341/323/324/307/379/504/506 of the Indian Penal Code.

Perused the above application and materials on record. Heard Mr. Bhim Kumar Yadav, learned Counsel for the petitioner, and Mr. Dashrath Mehta, 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 09.05.2015 in connection with the 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

Patna High Court Cr.Misc. No.46311 of 2015 (2) dt.12-10-2015 2/2 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, Saharsa, in connection with Bakhtiarpur (Balwa Hat O.P.) Police Station Case No. 155 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. Ansari, ACJ.) Mkr./- U