Bharat Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35942 of 2016 Arising Out of Fatuha PS.Case No. -232 of 2016 Thana - FATUHA District- PATNA ======================================================

1. Bharat Nishad Son of Shri Dilip Kumar resident of B.K. Dutta Lane, Jakkanpur, P.S. - Jakkanpur, District - Patna (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. A.K. Choudhary For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-08-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Bharat Nishad, in connection with Fatuha Police Station Case No. 232 of 2016, under Sections 47 and 54 of the Bihar Excise Act.

Perused the above application and materials on record.

Heard Mr. A.K.Choudhary, learned Counsel for the petitioner, and Mr. Ashok Kumar, 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 09.06.2016 in connection with the case aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further

Patna High Court Cr.Misc. No.35942 of 2016 (2) dt.20-08-2016 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 Ms. J.Jamal, learned Judicial Magistrate, 1st Class, Patna City, in connection with Fatuha Police Station Case No. 232 of 2016.

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,CJ) A.I./- U