Mintu Kumar @ Mintu @ Raj Kumar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46031 of 2014 Arising Out of PS.Case No. -92 Year- 2014 Thana -KHARIK District- BHAGALPUR ======================================================

1. Mintu Kumar @ Mintu @ Raj Kumar Kumar Son of Chandra Shekhar Kumar Resident of village- Tulsipur, P.S.- Kharik, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 03-03-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioner, namely, Mintu Kumar @ Mintu @ Raj Kumar Kumar, in connection with Kharik Police Station Case No. 92 of 2014, under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act, 1951.

Perused the above application and materials on record. Also perused the relevant case diary. Heard Mr. Sunil Kumar Singh, learned Counsel for the petitioner, and Mr. Kumar Uday Pratap, 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 04.07.2014 in connection with the case aforementioned and though charge sheet has been

Patna High Court Cr.Misc. No.46031 of 2014 (3) dt.03-03-2015 2/2 submitted, trial has not yet commenced 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 Sub-Divisional Judicial Magistrate, Naugachai, Bhagalpur, in connection with Kharik Police Station Case No. 92 of 2014.

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. Ansari, J.) Prabhakar Anand/- U √ T √