Jagarnath Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45148 of 2016 Arising Out of PS.Case No. -60 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Jagarnath Mandal, son of Bhagwan Mandal, resident of village Bakharpur, Police Station Pirpainty, District Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Shailendra Kumar-I (App) ====================================================== 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, Jagarnath Mandal, in connection with Pirpainty Police Station Case No. 60 of 2016, under Sections 25 (1-b), a/26/35 of the Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Swapnil Kumar Singh, learned Counsel for the petitioner, and Mr. Shailendra Kumar No. 1, learned Additional Public Prosecutor, appearing on behalf of the State.

In view of the fact that the accused abovenamed has been in custody since 10.03.2016 in connection with the case aforementioned and though charge sheet has been submitted and perusal of the materials available on

Patna High Court Cr.Misc. No.45148 of 2016 (2) dt.18-10-2016 2/2 record does 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 abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate XI, Bhagalpur, in connection with Pirpainty Police Station Case No. 60 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.) Prabhakar Anand/- U √ T √