Ram Pravesh Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47281 of 2015 Arising Out of PS.Case No. -20 Year- 2013 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================
1. Ram Pravesh Baitha, Son of Late Yadunandan Baitha, resident of village - Kauriya, Police Station - Madhuban, District - East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Prasad Singh, Adv. For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 27-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Ram Pravesh Baitha, in connection with Sahebganj Police Station Case No. 20 of 2013, under Section 302/34 of the Indian Penal Code.
Perused the above application and materials on record.
Heard Mr. Sunil Prasad Singh, learned Counsel for the petitioner, and Mr. Ajay Kumar Jha, 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 06.08.2014 in connection with the case
Patna High Court Cr.Misc. No.47281 of 2015 (3) dt.27-10-2015 2/3 aforementioned and similarly situated co-accused, on whose confessional statement the name of this petitioner has surfaced, has been granted bail by a Bench of this Court by the order, dated 29.01.2015, passed in Cr. Misc. No.36406 of 2014, 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 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 Sub-Divisional Judicial Magistrate, West Muzaffarpur, in connection with Sahebganj Police Station Case No.20 of 2013.
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.47281 of 2015 (3) dt.27-10-2015 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