Ritesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8899 of 2015 Arising Out of PS.Case No. -158 Year- 2014 Thana -GARKHA District- SARAN ======================================================
1. Ritesh Kumar Son of Madan Mohan Prasad Resident of village - Maiki, P.S. Garkha, District - Saran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 19-05-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Ritesh Kumar, in connection with Garkha Police Station Case No. 158 of 2014, G.R. No. 3991 of 2014, under Sections 341, 323, 324, 504, 307/34 of the Indian Penal Code.
Perused the above application and materials on record including a copy of the order, dated 02.02.2015, passed in A.B.P. No. 2137 of 2014, by the learned Sessions Judge, Saran at Chapra, dismissing the said application for pre-arrest bail. Heard Mr. Alok Kumar, learned Counsel for the petitioner, and Mr. G. S. Gupta, learned Additional Public Prosecutor, appearing on behalf of the State.
Patna High Court Cr.Misc. No.8899 of 2015 (3) dt.19-05-2015 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 above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs.10,000/- (Ten thousand) with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Garkha Police Station, Saran at Chapra.
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, Garkha Police station, Saran at Chapra and make himself available for interrogation by the 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 his/her from disclosing such facts to the Court or to any police officer.
This application for pre-arrest bail shall stand
Patna High Court Cr.Misc. No.8899 of 2015 (3) dt.19-05-2015 disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Garkha Police Station, Saran at Chapra. Send also a copy of this order, forthwith, to the Superintendent of Police, Saran at Chapra by fax. (I. A. Ansari, J) Amin/- U