Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29721 of 2016 Arising Out of PS.Case No. -408 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Mithilesh Kumar Son of Manohar Prasad Resident of Village Telia Durgasthan, Hilsa, Police Statio - Hilsa, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Sri Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 20-07-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Mithilesh Kumar, in connection with Hilsa Police Station Case No. 408 of 2015, under Sections 452/324/307/380/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Tej Narayan Singh, learned Counsel for the petitioner, and Mr. Rajeev Nayan, 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 20.08.2015 in connection with the case aforementioned and similarly situated co-accused has been

Patna High Court Cr.Misc. No.29721 of 2016 (2) dt.20-07-2016 2/2 granted bail by a Bench of this Court by the order, dated 30.06.2016, passed in Cr. Misc. No.21075 of 2016, coupled with the fact that the perusal of the materials available does not 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 the learned Additional Sessions Judge, 1st, Hilsa, Nalanda, in connection with Sessions Trial No.

248 of 2016, arising out of Hilsa Police Station Case No. 408 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