Prince Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45132 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -RAGHOPUR District- SUPAUL ======================================================

1. Prince Kumar, son of Sita Nand Yadav, resident of village Lakshminiya, Police Station Triveniganj, District Supaul

2. Guddu Kumar Yadav @ Guddu Yadav, son of Ram Deo Yadav

3. Nand Kishore Yadav, son of Gulhi Yadav Both are resident of village Kopariya, Police Station Triveniganj, District Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== 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 accused-petitioners, namely, Prince Kumar, Guddu Kumar Yadav @ Guddu Yadav and Nand Kishore Yadav, in connection with Raghopur Police Station Case No. 115 of 2016, under Sections 302 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr.

Kamal Kishore Singh, learned Counsel for the petitioners, and Mr. Chaubey Jawahar, learned Additional Public Prosecutor, appearing on behalf of the State.

In view of the fact that the accused abovenamed has been in custody since 14.06.2016 in connection

Patna High Court Cr.Misc. No.45132 of 2016 (2) dt.18-10-2016 2/2 with the case aforementioned and though charge sheet has been submitted and perusal of the materials available on record does not reveal such incriminating materials, which would warrant further detention of the accused-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioners' liberty on bail would adversely affect their trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- each with two sureties, each of the like amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Birpur, Supaul, in connection with Raghopur Police Station Case No. 115 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.) Prabhakar Anand/- U √ T √