Prabhakar Mishra @ Prabhakar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44666 of 2016 Arising Out of Sheohar PS.Case No. -269 Year- 2015 Thana - SHEOHAR District- SHEOHAR ====================================================== Prabhakar Mishra @ Prabhakar Jha, S/o Shyam Sunder Mishra, R/o village Gangwara, P.S. Runnisaidpur, District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Imtiyaz Hussain For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 06-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Prabhakar Mishra @ Prabhakar Jha, in connection with Sheohar Police Station Case No. 269 of 2015, under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Md. Imtiyaz Hussain, learned Counsel for the petitioner, and Mr. Satyavarat Verma, learned Additional Public Prosecutor, appearing on behalf of the State. It is submitted, on behalf of the accused-petitioner, that the co-accused, namely, Om Prakash Singh and Mangal Jha

have already been granted bail by the orders, dated 05.04.2016 and 24.05.2016, passed in Cr. Misc. Nos.5936 of 2016 and 20456 of 2016 by different Benches of this Court.

In view of the fact that the accused above-named has been in custody since 25.05.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available does not 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, Sheohar, in connection with Sheohar Police Station Case No. 269 of 2015.

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