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Patna High CourtCR. MISC./43372/2014bail granted

Aryan Paritosh And ANR. v. The State Of Bihar

2015-07-02The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43372 of 2014 Arising Out of Nagarnausha PS.Case No. -11 Year- 2013 Thana - NAGARNAUSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Aryan Paritosh Son of Ranjit Kumar Singh

2. Aryaman Paritosh Son of Ranjit Kumar Singh Both Resident of North of Bairagi Railway Crossing, Gaya P.S.-Delha, District-Gaya. at present resident of flat no.-101 Anandshree apartment, Boring Road, Patna, P.S.- Patliputra, District-Patna.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Uday Prasad For the Opposite Party/s : Mr. Awadhesh Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 02-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Aryan Paritosh and Aryaman Paritosh, in connection with Nagarnausha Police Station Case No. 11 of 2013 under Section 420/120B/406//467/468/471 of the Indian Penal Code. Perused the above application, materials available in the case diary and materials on record including a copy of the order, dated 16.08.2014, passed, in A.B.P. No.461 of 2014, by the learned Sessions Judge, Nalanda; Camp Court, Hilsa, dismissing the said application for pre-arrest bail.

Heard Mr. Uday Prasad, learned counsel for the

Patna High Court Cr.Misc. No.43372 of 2014 (4) dt.02-07-2015 petitioner, and Mr. A.K.Singh, learned Additional Public 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 petitioners, which would warrant their custodial detention and interrogation, this Court is of the view that the petitioners have 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 petitioners abovenamed shall, in the event of their arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Nagarnausha Police Station, Hilsa, Nalanda. This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, Nagarnausha Police Station, 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 him from disclosing such facts to the Court or to any police officer.

Patna High Court Cr.Misc. No.43372 of 2014 (4) dt.02-07-2015 This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Nagarnausha Police Station, District Nalanda. Send also a copy of this order, forthwith, to the Superintendent of Police, Nalanda, by fax.

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