Rakesh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47332 of 2015 Arising Out of PS.Case No. -24 Year- 2013 Thana -SAHIYARA District- SITAMARHI ======================================================
1. Rakesh Das, S/o Late Dukha Das, Resident of Village- Matiyar, P.S.- Sahiyara, District- Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Adv. For the Opposite Party/s : Mr. S.Dayal(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 29-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Rakesh Das, in connection with Sessions Trial No.79 of 2014, arising out of Sahiyara Police Station Case No. 24 of 2013, under Sections 147/341/307/353/436/511/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959. Perused the above application and materials on record.
Heard Mr. Virendra Kumar, learned Counsel for the petitioner, and Mr. S. Dayal, 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.47332 of 2015 (3) dt.29-10-2015 2/3 has been in custody since 2.4.2014 in connection with the case aforementioned and co-accused has been granted anticipatory bail by a Bench of this Court by the order, dated 10.04.2014, passed in Cr. Misc. No.5957 of 2014 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 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 Sessions Judge-II, Sitamarhi, in connection with Sessions Trial No.79 of 2014, arising out of Sahiyara Police Station Case No. 24 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
Patna High Court Cr.Misc. No.47332 of 2015 (3) dt.29-10-2015 3/3 below, as may be directed.
In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T