Sunni Kumar @ Sunny Kumar @Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15159 of 2015 Arising Out of Khajekalan PS.Case No. -208 of 2014 Thana - KHAJEKALA , District- PATNA ======================================================

1. Sunni Kumar @ Sunny Kumar @ Sanni Kumar, Son of Devendra Kumar Resident of Mohalla - Begum Ke Haweli, Police Station Khajekalan, Distt. - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Khurshid Anwar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 09-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Sunni Kumar @ Sunny Kumar @ Sanni Kumar, in connection with Khajekalan Police Station Case No. 208 of 2014 under Section 341/323/379/504/34 of the Indian Penal Code. Perused the above application, and materials on record including a copy of the order, dated 04.03.2015, passed, in A.B.P. No.22577 of 2014, by the learned Sessions Judge, Patna, dismissing the said application for pre-arrest bail. Heard Mr. Anil Kumar Singh, learned counsel for the petitioner, and Mr. Khurshid Anwar, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.15159 of 2015 (4) dt.09-07-2015 In view of the fact that perusal of the materials on record does not reveal any such incriminating materials against the petitioner, which would warrant his custodial detention and interrogation, this Court is of the view that the petitioner has been able to make out a case calling for appropriate direction for prearrest bail. Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner abovenamed shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Khajekalan Police Station, Patna.

This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Khajekalan Police Station, and make himself available for interrogation by police at all reasonable time and 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.

This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions.

Patna High Court Cr.Misc. No.15159 of 2015 (4) dt.09-07-2015 Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Khajekalan Police Station, District Patna. Send also a copy of this order, forthwith, to the Superintendent of Police, Patna, by fax.

(I. A. Ansari, J) A.I./- U