Umashankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45704 of 2014 Arising out of Raxaul PS.Case No. 85 of 2013, Thana - RAXAUL District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Umashankar Singh S/o Late Suhaban Singh (Rai) resident of villageBhaluyahiya, P.S.- Adapur, Dstrict- East Champaran, At present Raxaul Ward No.-9, Asaram Road, Ajanta Hotel, P.S.- Raxaul, Dist.- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. C.Sen Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 11-02-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Umashankar Singh, in connection with Raxaul P.S.

Case No.

of 2013, under Sections 420/406/467/468/323/341/504/379/34 of the Indian Penal Code. Perused the above application and materials on record. Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner, and learned APP, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody since 25.05.2014 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet been commenced and perusal of the materials available

Patna High Court Cr.Misc. No.45704 of 2014 (2) dt.11-02-2015 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 perusal of the materials does not reveal that 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, Raxaul at Motihari, East Champaran. 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 directions, this bail application shall stand disposed of.

(I. A. Ansari, J) A.I./- U