Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43840 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Rajesh Rai, Son of Ram Chandra Rai Resident of Village- Jhamatiya Bhagwanpur, Israhi, P.S.- Bachhwara, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv. For the Opposite Party/s : Smt. Asha Kumari, 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, Rajesh Rai, in connection with Bachhwara P.S. Case No.52 of 2016, under Sections 341, 323, 302, 504/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Sandip Kumar Gautam, learned Counsel for the petitioner, and Smt. Asha Kumari, 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 24.05.2016 in connection with the case

Patna High Court Cr.Misc. No.43840 of 2016 (2) dt.04-10-2016 2/3 aforementioned and though charge sheet has been submitted, trial has not yet commenced, similarly situated co-accused have been granted bail by a Bench of this Court by the order, dated 28.07.2016, passed in Cr. Misc. No.29709 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 Judicial Magistrate, 1st Class, Begusarai, in connection with Bachhwara P.S. Case No.52 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.

Patna High Court Cr.Misc. No.43840 of 2016 (2) dt.04-10-2016 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, CJ) K.C.jha/- U T