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Patna High CourtCR. MISC./45022/2016bail granted

Bahadur Manjhi v. The State Of Bihar

2016-10-18The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45022 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -KURTHA District- JEHANABAD ====================================================== Bahadur Manjhi, Son of Late of Late Jawahar Manjhi, Resident of VillageMahamadpur Mushahari, Police Station- Kurtha, District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mishra, Adv. For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 18-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Bahadur Manjhi, in connection with Kurtha Police Station Case No. 3 of 2016, under Sections 147, 149, 302, 201 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Ajay Mishra, learned Counsel for the petitioner, and Smt. Veena Kumari Jaiswal, 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 14.01.2016 in connection with the case

Patna High Court Cr.Misc. No.45022 of 2016 (2) dt.18-10-2016 2/3 aforementioned and though charge sheet has been submitted, trial has not yet commenced, similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated 12.07.2016, passed in Cr. Misc. No.25085 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 Chief Judicial Magistrate, Arwal, in connection with Kurtha Police Station Case No. 3 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.45022 of 2016 (2) dt.18-10-2016 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