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Patna High CourtCR. MISC./50950/2014bail granted

Alok Ranjan v. The State Of Bihar

2015-04-30The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50950 of 2014 Arising Out of PS.Case No. -559 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Alok Ranjan Son of Sahjanand Yadav, Resident of Village - Madhura, P.S.- Tarapur, District - Munger, at present as Assistant Teacher, Marwari, Pathshala, Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 30-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Alok Ranjan, in connection with Kotwali (Adampur) Police Station Case No. 559 of 2014 under Section 353 of the Indian Penal Code and Section 171 of the Representation of People Act.

Perused the above application and materials on record including a copy of the order, dated 26.11.2014, passed, in A.B.P. No. 2445 of 2014, by the learned Sessions Judge, Bhagalpur, dismissing the said application for pre-arrest bail. Heard Mr. Ranjan Kumar Jha, learned Counsel for the petitioner, and Mr. Gopesh Kumar, learned Additional Public

Patna High Court Cr.Misc. No.50950 of 2014 (2) dt.30-04-2015 2/3 Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the record does not reveal any such incriminating materials against the petitioner, which would warrant his custodial detention and interrogation, this Court is of the view that the petitioner has been able to make out a case calling for appropriate direction for pre-arrest bail. Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Kotwali (Adampur) Police Station, Bhagalpur.

This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Kotwali (Adampur) Police Station, Bhagalpur, and make themselves available for interrogation by police at all reasonable time and 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 them from disclosing such facts to the Court or to any police officer.

This application for pre-arrest bail shall stand

Patna High Court Cr.Misc. No.50950 of 2014 (2) dt.30-04-2015 3/3 disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Kotwali (Adampur) Police Station, Bhagalpur. Send also a copy of this order, forthwith, to the Superintendent of Police, Bhagalpur, by fax.

(I. A. Ansari, J.) Mkr./- U T