Aslam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47840 of 2015 Arising Out of PS.Case No. -108 Year- 2014 Thana -HATHUA District- GOPALGANJ ====================================================== Aslam Ansari, son of Anwar Ansari, Resident of Village - Jigna Manikpur, Police Station - Mirganj, District - Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghulam Rabbani, Advocate For the Opposite Party/s : Mr. Parmanand Kumar (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 05-11-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Aslam Ansari, in connection with Hathua Police Station Case No.108 of 2014 under Section 394 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Ghulam Rabbani, learned Counsel, appearing for the petitioner, and Mr. Parmanand Kumar, 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 09.07.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the

Patna High Court Cr.Misc. No.47840 of 2015 (2) dt.05-11-2015 2/2 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 accusedpetitioner'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 Sri Abhishek Kumar, the learned Judicial Magistrate, 1st Class, Gopalganj, in connection with Hathua Police Station Case No. 108 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, ACJ) Sunil/- U T