Anup Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46222 of 2014 Arising Out of PS.Case No. -28 Year- 2014 Thana -SC/ST P.S. District- NAWADA ======================================================
1. Anup Kumar, S/o. Banwari Prasad,
2. Pintu Kumar, S/o. Punna Yadav,
3. Mahesh Kumar, S/o. Ishwar Yadav, All residents of village- Pandey Bigha, P.S. Faraha, P.S. Akbarpur, District- Nawada.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madhu Prasun, Advocate. For the Opposite Party/s : Mr. Ambika Bhagat(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 23-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Anup Kumar, Pintu Kumar and Mahesh Kumar, in connection with SC/ST Police Station Case No. 28 of 2014 under Sections 341/352/504/506/379/467/468/420/120B/34 of the Indian Penal Code and Section 3(i)(x) of the SC/ST (Prevention of Atrocities) Act.
Perused the above application and materials on record including a copy of the order, dated 05.10.2014, passed, in A.B.P. No.696 of 2014, by the learned Sessions Judge, Nawada, dismissing the said application for pre-arrest bail. Heard Mr. Madhu Prasun, learned counsel for the petitioners, and Mr. Ambika Bhagat, learned Special Public
Patna High Court Cr.Misc. No.46222 of 2014 (2) dt.23-04-2015 2/3 Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the materials on 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 above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/- each, with two sureties of the like amount each, subject to the satisfaction of the Officer-in-Charge, SC/ST Police Station, Nawada. 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, SC/ST Police Station, Nawada, 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 or her from disclosing such facts to the Court or to any police officer. This application for pre-arrest bail shall stand
Patna High Court Cr.Misc. No.46222 of 2014 (2) dt.23-04-2015 3/3 disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, SC/ST Police Station, District Nawada. Send also a copy of this order, forthwith, to the Superintendent of Police, Nawada, by fax.
(I. A. Ansari, J.) Mkr./- U T