Arbind Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43308 of 2014 Arising Out of SC/ST P.S.Case No. -42 of 2013 Thana -SC/ST P.S. District- SIWAN ======================================================
1. Arbind Kumar Rai Son of Late Shivjee Rai Resident of VillageBarhuliya, P.O.-Barhuliya, P.S.-Aandar and District-Siwan. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Rama Nand Poddar and Mr. Satya Nand Shukla For the Opposite Party : Mr. Ambika Bhagat(Spl.PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 07-05-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Arbind Kumar Rai, in connection with SC/ST Police Station Case No. 42 of 2013 under Sections 353/504/506 of the Indian Penal Code and Section 3(1)(x) of SC/ST Act. Perused the above application and materials on record including a copy of the order, dated 08.08.2014, passed, in A.B.P. No.1095 of 2014, by the learned Sessions Judge, Siwan, dismissing the said application for pre-arrest bail. Heard Mr. Rama Nand Poddar, learned counsel for the petitioner, and Mr. Ambika Bhagat, learned Special Public
Patna High Court Cr.Misc. No.43308 of 2014 (2) dt.07-05-2015 Prosecutor, appearing on behalf of the State. In view of the fact that perusal of record does not reveal any such incriminating materials against the petitioner, which would warrant his custodial detention and interrogation, this Court is of the view that the petitioner has 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 petitioner abovenamed shall, in the event of his 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, ST/SC Police Station, Siwan.
This direction for bail is further subject to the condition that the petitioner abovenamed shall, within two weeks from today, appear before the Officer-in-Charge, ST/SC Police Station, and make himself 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.
This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions.
Patna High Court Cr.Misc. No.43308 of 2014 (2) dt.07-05-2015 Let a copy of this order be sent, forthwith, to the Officer-in-Charge, ST/SC Police Station, District Siwan. Send also a copy of this order, forthwith, to the Superintendent of Police, Siwan, by fax.
(I. A. Ansari, J) A.I./- U