Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39430 of 2016 Arising Out of Fatuha PS.Case No. -232 of 2016 Thana - FATUHA District- PATNA ======================================================

1. Pawan Kumar S/o Ramwali Rai, Resident of - Sharistabad Purvi Tola, P.S.- Gardanibagh, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Smt. Sucheta Yadav, 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, Pawan Kumar, in connection with Fatuha Police Station Case No. 232 of 2016, under Sections 47 and 54 of the Bihar Excise (Amendment) Act, 2016.

Perused the above application and materials on record.

Heard Mr. Ghanshyam Tiwary, learned Counsel for the petitioner, and Smt. Sucheta Yadav, 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 10.06.2016 in connection with the case aforementioned and perusal of the materials available does not

Patna High Court Cr.Misc. No.39430 of 2016 (2) dt.05-10-2016 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 Mr. J. Jamal, the learned Judicial Magistrate, 1st Class, Patna City, in connection with Fatuha Police Station Case No. 232 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) A.I./- U