Sharvan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47271 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Sharvan Kumar Son of Munner Paswan @ Munna Paswan Resident of Village - Harpur, P.S. Sonbarsha Kachari, District - Saharsa .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.49279 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Raushan Kumar son of Hare Ram Pandit Resident of Village-Khirania Police Station ,mansi, District khagaria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.47271 of 2015) For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Umeshanand Pandit (APP) (In Cr.Misc. No.49279 of 2015) For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Satyaverat Verma (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 04-11-2015 Both these applications are made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioners, namely, Sharvan Kumar, in Cr. Misc. No.47271 of 2015, and Raushan Kumar, in Cr. Misc. No.49279 of 2015, in connection with Samastipur Rail Police Station Case No.50 of 2015 under Sections 342, 406/34 of the Indian Penal
Patna High Court Cr.Misc. No.47271 of 2015 (5) dt.04-11-2015 2/3 Code.
Perused the above applications and materials on record.
Heard learned Counsel for the petitioners and learned Additional Public Prosecutor, appearing on behalf of the State.
In view of the fact that the accused above-named have been in custody since 08.08.2015 and 09.08.2015 respectively in connection with the case aforementioned 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-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioners' liberty on bail would adversely affect their trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs.10,000/- each with two sureties, each of the like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Samastipur/ Railway Magistrate, Samastipur, in connection with Samastipur Rail Police Station Case No. 50 of 2015.
Patna High Court Cr.Misc. No.47271 of 2015 (5) dt.04-11-2015 3/3 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, these bail applications shall stand disposed of. (I.A. Ansari, ACJ) Sunil/- U T