Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47253 of 2015 Arising Out of PS.Case No. -72 Year- 2015 Thana -NAUBATPUR District- PATNA ======================================================

1. Nandan Kumar, son of Suresh Prasad, resident of Village- BhawanichakAmarpur, Police Station- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, 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 accusedpetitioner, namely, Nandan Kumar, in connection with Naubatpur Police Station Case No. 72 of 2015, under Sections 302/392 of the Indian Penal Code and Section 27 of the Indian Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Ravi Shanker Pankaj, learned Counsel for the petitioner, and Mr. Jagdhar Prasad, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named

Patna High Court Cr.Misc. No.47253 of 2015 (2) dt.16-10-2015 2/3 has been in custody since 4.5.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available 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 above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of Sri Kumar Madhvendra, learned Judicial Magistrate, 1st Class, Danapur, District- Patna, in connection with Naubatpur P.S. Case No.72 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.47253 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 T