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Patna High CourtCR. MISC./45075/2016bail granted

Raju Nut v. The State Of Bihar

2016-10-18The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45075 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -DORIGANJ District- SARAN ====================================================== Raju Nut, son of Chabila Nut, resident of Village- Berui, P.S. Baniapur, Distt- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Shyam Kumar Singh, 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, Raju Nut, in connection with Doriganj Police Station Case No. 35 of 2016, under Sections 395 and 397 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Mukesh Kumar Singh, learned Counsel for the petitioner, and Mr. Shyam Kumar Singh, 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 13.04.2016 in connection with the case 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

Patna High Court Cr.Misc. No.45075 of 2016 (2) dt.18-10-2016 2/2 13.04.2016, passed in Cr. Misc. No.30157 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 Additional Chief Judicial Magistrate-VII, Saran, Chapra, in connection with Doriganj Police Station Case No. 35 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) K.C.jha/- U T