Dara Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43981 of 2016 Arising Out of PS.Case No. -113 Year- 2016 Thana -DANAPUR District- PATNA ======================================================
1. Dara Rai, son of Bhim Rai resident of Village - Mainpura, P.S. - Danapur, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Adv. For the Opposite Party/s : Mr. Khurshid Anwar, 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, Dara Rai, in connection with Danapur P.S. Case No.113 of 2016, under Sections 392 and 411 of the Indian Penal Code.
Perused the above application and materials on record.
Heard Mr. Ashok Kumar Sinha, learned Counsel for the petitioner, and Mr. Khurshid Anwar, 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 14.03.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials
Patna High Court Cr.Misc. No.43981 of 2016 (2) dt.04-10-2016 2/2 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 Chief Judicial Magistrate, Danapur, Patna, in connection with Danapur P.S. Case No.113 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