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Patna High CourtCR. MISC./58311/2015bail granted

Ajay @ Jitendra Sahani v. The State Of Bihar

2016-03-16The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58311 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -KORANSARAI District- BUXAR ======================================================

1. Ajay @ Jitendra Sahani Son of Ranjan Sahani, resident of village Nagpura (Tikadewari), P.S.-Chitbaragaon, District-Balia, U.P. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Durgesh Nandan(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 16-03-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Ajay @ Jitendra Sahani, in connection with Koransarai Police Station Case No. 59 of 2015, under Sections 411/413/414/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Ashok Kumar Mishra, learned Counsel for the petitioner, and Mr. Durgesh Nandan, 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 31.07.2015 in connection with the case aforementioned, charge sheet has been submitted and similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated 30.09.2015, passed in Cr. Misc. No.45927 of 2015, perusal of the materials available does not

Patna High Court Cr.Misc. No.58311 of 2015 (2) dt.16-03-2016 2/2 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 Sri Vikash Mishra, learned Judicial Magistrate, 1st Class, Buxar, in connection with Koransarai Police Station Case No. 59 of 2015.

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.

Mkr./- (I.A. Ansari, ACJ.) U T