Omprakash Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.44515 of 2016 (2) dt.06-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44515 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -MADANPURA District- AURANGABAD ====================================================== Omprakash Yadav S/o Byas Yadav resident of village Jagdishpur P.S. Chauparan Dist. Hazaribagh (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate. For the Opposite Party/s : Mr. Sri Gopesh Kumar, APP ====================================================== 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, Omprakash Yadav, in connection with Madanpur Police Station Case No. 109 of 2016, under Sections 47and 54 of the Bihar Excise (Amendment) Act, 2016. Perused the above application and materials on record.

Heard Mr. Bhaskar Shankar, learned Counsel for the petitioner, and Mr. Gopesh Kumar, 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 28.08.2016 in connection with the case aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further

Patna High Court Cr.Misc. No.44515 of 2016 (2) dt.06-10-2016 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, Aurangabad, in connection with Madanpur P.S. Case No. 109 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) Prakash/- U T