Dharmendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40899 of 2016 Arising Out of Govindpur PS.Case No. -54 of 2016 Thana - GOVINDPUR District- NAWADA ======================================================

1. Dharmendra Singh S/o Ishwari Singh

2. Bhanu Kumar @ Bhanu Pratap S/o Karu Ram @ Ashok Ram Both residents of village - Kathauna (Dhurayama), P.S. Wazirganj, District - Gaya.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 05-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Dharmendra Singh and Bhanu Kumar @ Bhanu Pratap, in connection with Govindpur Police Station Case No. 54 of 2016, under Section 47(a) of the Bihar Excise (Amendment) Act.

Perused the above application and materials on record.

Heard Mr. Krishna Deo Raj, learned Counsel for the petitioners, and Mr. Pranav Kumar, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named

Patna High Court Cr.Misc. No.40899 of 2016 (2) dt.05-10-2016 have been in custody since 01.07.2016 in connection with the case aforementioned 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, Nawada, in connection with Govindpur Police Station Case No. 54 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) A.I./- U