Sanjay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44676 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -BHORE District- GOPALGANJ ======================================================

1. Sanjay Kumar son of Hari Gupta

2. Manoj Kumar son of Ramesh Prasad Both resident of Village- Bhore, P.S. Bhore, District Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhilesh Kumar, Advocate For the Opposite Party/s : Mr. Anil 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 accusedpetitioners, namely, Sanjay Kumar and Manoj Kumar, in connection with Bhore Police Station Case No. 109 of 2016, under Sections 272/420/273/34 of the Indian Penal Code and Section 47(a) (g) of the Bihar Excise (Amendment) Act, 2016. Perused the above application and materials on record.

Heard learned counsel for the petitioners and the State.

In view of the fact that the accused above-named have been in custody since 14.08.2016 in connection with the case aforementioned and perusal of the materials available does

Patna High Court Cr.Misc. No.44676 of 2016 (2) dt.06-10-2016 2/2 not reveal such incriminating materials, which would warrant further detention of the accused-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioners' 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, each of the like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, in connection with Bhore Police Station 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) Mkr./- U T