Sudama Kumar Rai @ Sudama Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46010 of 2014 Arising Out of PS.Case No. -50 Year- 2013 Thana -EKMA District- SARAN ====================================================== Sudama Kumar Rai @ Sudama Rai, son of Late Jharilal Rai, resident of village Rampur Bindala Ke Mathiya, Police Station Ekma, District Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. R.B.S.Pahepuri(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, Sudama Kumar Rai, in connection with Ekma Police Station Case No. 50 of 2013, under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of the Excise Act.

Perused the above application and materials on record.

Heard Mr. Vijay Kumar, learned Counsel for the petitioner, and Mr. R. B. S. Pahepuri, 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 06.05.2013 in connection with the case aforementioned and perusal of the materials available does not reveal such incriminating materials, which would

Patna High Court Cr.Misc. No.46010 of 2014 (5) dt.03-03-2015 2/2 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, Saran, at Chapra, in connection with Ekma Police Station Case No. 50 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. Ansari, J.)