Santosh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44669 of 2016 Arising Out of Barauni PS.Case No. -312 Year- 2016 Thana - BARAUNI District- BEGUSARAI ======================================================

1. Santosh Kumar Pandey, son of Kapilmuni Pandey, Resident of VillageBhual Chapra, P.S.- Baria, District- Balia (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Anil Kumar Singh-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 06-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Santosh Kumar Pandey, in connection with Barauni (Refinery) Police Station Case No. 312 of 2016, under Sections 467/468/471/472/420/120B/34 of the Indian Penal Code and Sections 25(1-b)A/26/35 of the Arms Act, 1959. Perused the above application and materials on record.

Heard Mr. Ravi Ranjan, learned Counsel for the petitioner, and Mr. A.K.Singh-1, learned Additional Public Prosecutor, appearing on behalf of the State. It is submitted, on behalf of the accused-petitioner, that the co-accused, namely, Ashok Kumar Singh has already been granted bail by the order, dated 04.10.2016, passed in

Patna High Court Cr.Misc. No.44669 of 2016 (2) dt.06-10-2016 Cr.Misc.No.42651 of 2016 by a Bench of this Court. In view of the fact that the accused above-named has been in custody since 19.08.2016 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 Chief Judicial Magistrate, Begusarai, in connection with Barauni (Refinery) Police Station Case No. 312 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.44669 of 2016 (2) dt.06-10-2016 In terms of the above observations and directions, this bail application shall stand disposed of.

(I.A. Ansari,CJ) A.I./- U