Rajesh Gorh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47149 of 2015 Arising Out of PS.Case No. -55 Year- 2015 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Rajesh Gorh, Son of Sheo Ratan Sah.

2. Dharmendra Sah, Son of Ram Autar Sah.

3. Shatrughan Yadav @ Shatrohan Yadav, Son of Bhulan Yadav.

4. Bikky Kumar Pandey, Son of Bashisth Pandey, All Resident of Village: Belwar, P.S. Raghunathpur, District: Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 16-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Rajesh Gorh, Dharmendra Sah, Shatrughan Yadav @ Shatrohan Yadav and Bikky Kumar Pandey, in connection with Siwan Mahila Police Station Case No. 55 of 2015 corresponding to POSCO Tr. No.34 of 2015, under Sections 376(D)/506 of the Indian Penal Code and Sections 6/8 of the POSCO Act.

Perused the above application and materials on record.

Heard Mr. Ajay Kumar Pandey, learned Counsel for the petitioners, and Mr. Jagdhar Prasad, learned Additional

Patna High Court Cr.Misc. No.47149 of 2015 (2) dt.16-10-2015 2/3 Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named have been in custody since 28.4.2015 in connection with the case aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioners' liberty on bail would adversely affect their 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, each of the like amount, subject to the satisfaction of the learned Additional Sessions Judge-1, Siwan, in connection with Siwan Mahila Police Station Case No. 55 of 2015 corresponding to POSCO Tr. No.34 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.

Patna High Court Cr.Misc. No.47149 of 2015 (2) dt.16-10-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U