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Patna High CourtCR. MISC./40361/2016bail granted

Anil Yadav @ Anil Raj v. The State Of Bihar

2016-10-05The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40361 of 2016 Arising Out of PS.Case No. -176 Year- 2014 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Anil Yadav @ Anil Raj, son of Narayan yadav Resident of VillageKiyakhap, P.S Rafiganj, District Aurangabad, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Adv. For the Opposite Party/s : Mr. Shyameshwar Dayal, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 05-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Anil Yadav @ Anil Raj, in connection with Sessions Trial No.258 of 2015/70 of 2015, arising out of Rafiganj P.S. Case No.176 of 2014, under Sections 304(B), 201/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Sanjay Kumar Sharma, learned Counsel for the petitioner, and Mr. Shyameshwar Dayal, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.40361 of 2016 (2) dt.05-10-2016 2/3 In view of the fact that the accused above-named has been in custody since 15.12.2014 in connection with the case aforementioned and perusal of the materials available does not indicate 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 Additional Sessions Judge-III, Aurangabad, in connection with Sessions Trial No.258 of 2015/70 of 2015, arising out of Rafiganj P.S. Case No.176 of 2014.

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.40361 of 2016 (2) dt.05-10-2016 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