Bipin Vishwakarma @ Nakchippa @ Nakchipta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43850 of 2016 Arising Out of PS.Case No. -413 Year- 2015 Thana -CIVIL LINE District- GAYA ====================================================== Bipin Vishwakarma @ Nakchippa @ Nakchipta .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Narendra Kumar Singh, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Bipin Vishwakarma @ Nakchippa @ Nakchipta, in connection with Sessions Trial No.159 of 2016/302 of 2016 (arising out of Civil Lines P.S. Case No.413 of 2015), under Sections 120(B) of the Indian Penal Code and 25(1-A), 25(1-B), 25(1-AA), 26, 35 of the Arms Act and Section 17 of C.L.A. Act.
Perused the above application and materials on record.
Heard Mr. Bhaskar Shankar, learned Counsel for the petitioner, and Mr. Narendra Kumar Singh, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named
Patna High Court Cr.Misc. No.43850 of 2016 (2) dt.04-10-2016 2/3 has been in custody since 03.06.2016 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 Additional Sessions Judge-V, Gaya, in connection with Sessions Trial No.159 of 2016/302 of 2016 (arising out of Civil Lines P.S. Case No.413 of 2015).
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,
Patna High Court Cr.Misc. No.43850 of 2016 (2) dt.04-10-2016 3/3 this bail application shall stand disposed of. (I.A. Ansari, CJ) K.C.jha/- U T