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Patna High CourtCR. MISC./43922/2016bail granted

Rajesh Soni v. The State Of Bihar

2016-10-04The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43922 of 2016 Arising Out of PS.Case No. -122 Year- 2016 Thana -MAIRWA District- SIWAN ======================================================

1. Rajesh Soni, Son of Bharat Prasad resident of Mohalla- Makhdum Sarai, P.S.- Siwan Town, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Bhushan Verma, Adv. For the Opposite Party/s : Mr. Narsingh Tanti, 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, Rajesh Soni, in connection with Mairwa P.S. Case No.122 of 2016, under Sections 272, 273 of the Indian Penal Code and 47, 53(A)(B)(C) of Bihar Excise Act, 2016. Perused the above application and materials on record.

Heard Mr. Ravi Bhushan Verma, learned Counsel for the petitioner, and Mr. Narsingh Tanti, 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 26.07.2016 in connection with the case aforementioned and perusal of the materials available does not

Patna High Court Cr.Misc. No.43922 of 2016 (2) dt.04-10-2016 2/2 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, Siwan, in connection with Mairwa P.S. Case No.122 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) K.C.jha/- U T