Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44927 of 2014 Arising Out of Delha PS.Case No. 89 of 2014, Thana -DELHA, DistrictGAYA ======================================================

1. Sanjeev Kumar S/o Sri Vijay Narayan Sinha, R/o Road No. 3A R.M.S. Colony Kankarbagh, P.S. Kankarbagh, Patna-20. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vipin Kumar For the Opposite Party/s : Mr. Abhishek Anand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 03-03-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Sanjeev Kumar, in connection with Delha P.S.Case No. 89 of 2014 under Section 376 of the Indian Penal Code.

Perused the above application and materials on record. Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner, and Mr. Abhishek Anand, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody since 18.07.2014 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available does

Patna High Court Cr.Misc. No.44927 of 2014 (3) dt.03-03-2015 not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner'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 Sri Anand Kumar Singh, the learned Judicial Magistrate, 1st Class, Gaya. 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, J) A.I./- U