Vakil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35815 of 2016 Arising Out of PS.Case No. -238 Year- 2015 Thana -BANIAPUR District- SARAN ======================================================

1. Vakil Rai, Son of Sudama Rai resident of Village- Sumerdhanav, Police Station- Baniyapur, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vipin Kumar Singh, Adv. For the Opposite Party/s : Mr. Ajay Kumar-1, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 06-09-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Vakil Rai, in connection with Baniyapur P.S. Case No.238 of 2015, under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code Perused the above application and materials on record.

Heard Mr. Vipin Kumar Singh, learned Counsel for the petitioner, and Mr. Ajay Kumar No.1, 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 26.03.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials

Patna High Court Cr.Misc. No.35815 of 2016 (3) dt.06-09-2016 2/2 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 Chief Judicial Magistrate, Saran at Chapra, in connection with Baniyapur P.S. Case No.238 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. (I.A. Ansari, CJ) K.C.jha/- U T