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Patna High CourtCR. MISC./43933/2016bail granted

Pintu Yadav v. The State Of Bihar

2016-10-04The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43933 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -ATHMALGOLA District- PATNA ======================================================

1. Pintu Yadav, son of Narshing Yadav resident of Chanda, P.S.- Athmalgola, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv. For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Pintu Yadav, in connection with Athmalgola P.S. Case No.24 of 2016, under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Manoj Kumar Pandey, learned Counsel for the petitioner, and Mr. Brajendra Nath Pandey, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named

Patna High Court Cr.Misc. No.43933 of 2016 (2) dt.04-10-2016 2/3 has been in custody since 20.07.2016 in connection with the case aforementioned and similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated 01.06.2016, passed in Cr. Misc. No.24327 of 2016, and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accusedpetitioner 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 Sub-Divisional Judicial Magistrate, Barh, Patna, in connection with Athmalgola P.S. Case No.24 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

Patna High Court Cr.Misc. No.43933 of 2016 (2) dt.04-10-2016 3/3 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