Nandu v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39139 of 2014 Arising Out of PS.Case No. -3255 Year- 2012 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Nandu Son of Jokhila Bhagat, Staff of Co - operative Bank Gulabbagh Resident of Mohalla - Gulab Bagh, P.S. Sadar, District - Purnea .... .... Petitioner
Versus
1. The State of Bihar
2. Md. Raquib S/o Rafique R/o Rajbara Branpur, P.S. Muffasil (Ranipatra) District - Purnea .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Raj Kumar, Advocate For the Opposite Party No.1: Mr. R.P.S Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 16-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Nandu, in connection with Complaint Case No.3255 of 2012 under Section 384 of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 08.07.2014, passed in A.B.P. No.675 of 2014, by the learned Sessions Judge, Purnea, dismissing the said application for pre-arrest bail. Heard Mr. Raj Kumar, learned Counsel for the petitioner, and Mr. R.P.S.Singh, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the materials on
Patna High Court Cr.Misc. No.39139 of 2014 (2) dt.16-04-2015 2/3 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 pre-arrest bail.
Considering the fact that co-accused Dilip Yadav has been granted the benefit of pre-arrest bail by a Bench of this Court by order, dated 05.05.2014, passed in Cr. Misc. No. 11870 of 2014, 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/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge of concerned Police Station. 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 of concerned 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
Patna High Court Cr.Misc. No.39139 of 2014 (2) dt.16-04-2015 3/3 disposed of in terms of the above observations and directions. (I. A. Ansari, J) Pawan/- U T