Jai Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45121 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jai Kishore Prasad, son of Rajendra Mahto, resident of village Koraiya, Police Station Ghorasahan, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 18-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioner, namely, Jai Kishore Prasad, in connection with Excise Case No. 19 of 2016, under Sections 47(a)/53(a) of the Bihar Excise (Amendment) Act, 2016.

Perused the above application and materials on record.

Heard learned counsel for the petitioner and the State.

In view of the fact that the accused abovenamed has been in custody since 21.05.2016 in connection with the case aforementioned and perusal of the materials available does not reveal such incriminating materials,

Patna High Court Cr.Misc. No.45121 of 2016 (2) dt.18-10-2016 2/2 which would warrant further detention of the accusedpetitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioner'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 Sub Divisional Judicial Magistrate, Sikrahana, at Dhaka, East Champaran, in connection with Excise Case No. 19 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.)