Birju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47098 of 2015 Arising Out of Cheriya Bariyarpur PS.Case No. -172 Year- 2014 Thana -CHARIABARIYARPUR District- BEGUSARAI ======================================================

1. Birju Mahto Son of late Ramotar Mahto, Resident of Village- Bashi, P.s Cheriya Bariyarpur ,District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(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, Birju Mahto, in connection with Cheriya Bariyarpur Police Station Case No. 172 of 2014 under Sections 394/120B of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Karandeep Kumar, learned Counsel for the petitioner, and Mr. Sanjay Kumar Tiwary, 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 22.02.2015 in connection with the case aforementioned and though charge sheet has been

Patna High Court Cr.Misc. No.47098 of 2015 (2) dt.16-10-2015 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 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 Additional Chief Judicial Magistrate, Manjhaul, in connection with Cheriya Bariyarpur Police Station Case No. 172 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) A.I.