Hibu Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47277 of 2015 Arising Out of PS.Case No. -66 Year- 2014 Thana -RAUTARA District- KATIHAR ======================================================

1. Hibu Rishi, son of Late Budhu Rishi, Resident of Village- Sadalpur Mushari Tola, P.S. Rautara, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Musowir, Advocate For the Opposite Party/s : Mr. Gopesh Kumar(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 accused-petitioner, namely, Hibu Rishi, in connection with Rautara Police Station Case No. 66 of 2014, under Section 302/34 of the Indian Penal Code. Perused the above application and materials on record. Heard Md. Musowir, learned Counsel for the petitioner, and Mr. Gopesh Kumar, 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 30.06.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and similarly situated co-accused have been granted bail by a Bench of this Court by order, dated 03.02.2015, passed in Cr. Misc. Nos. 360 of 2015, perusal of the materials available

Patna High Court Cr.Misc. No.47277 of 2015 (2) dt.16-10-2015 2/2 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 abovenamed 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, Katihar, in connection with Rautara Police Station Case No. 66 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 T