Sinku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47357 of 2015 Arising Out of PS.Case No. -151 Year- 2013 Thana -SHAMBHUGANJ District- BANKA ====================================================== Sinku Yadav, Son of Late Balbir Yadav, resident of Village- Manjhgain, P.S.- Shambhuganj, District- Banka.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar, Advocate For the Opposite Party : Mr. Anil Kr. Singh, APP ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 30-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Sinku Yadav, in connection with Shambhuganj Police Station Case No. 151 of 2013, under Sections 147/148/149/341/448/302/506 of the Indian Penal Code and Section 27 of the Arms Act.

Perused the above application and materials on record.

Heard Mr. Ashok Kumar, learned Counsel for the petitioner, and Mr. Anil Kumar Singh, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact the accused above-named has been in custody since 06.08.2015 in connection with the case aforementioned coupled with the fact that there is a cross-case, namely, Shambhuganj Police Station Case No. 150 of 2013, under Sections 147/148/149/341/342/302/

Patna High Court Cr.Misc. No.47357 of 2015 (2) dt.30-10-2015 2/2 120B of the Indian Penal Code and Section 27 of the Arms Act, and though charge sheet has been 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 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, Banka, in connection with Shambhuganj Police Station Case No. 151 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. In terms of the above observations and directions, this bail application shall stand disposed of. (I.A.