Bijay Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2962 of 2016 Arising Out of PS.Case No. -108 Year- 2015 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bijay Choubey Son of Prajapatti choubey Resident of Village- Nand tola Khajuriya, Police Station- Sathi, District West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. Nand Kumar (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 16-03-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Bijay Choubey, in connection with Sathi Police Station Case No. 108 of 2015, under Sections 272, 273, 308 and 404/34 of the Indian Penal Code, 47(A) of the Excise Act and 20, 13, 16 and 17 of the Unlawful Activities (Prevention) Act, 1967.

Perused the above application and materials on record.

Heard Mr. Brij Kishore Mishra, learned Counsel, appearing on behalf of the petitioner, and Mr. Nand Kumar, learned Additional Public Prosecutor, appearing on behalf of the

Patna High Court Cr.Misc. No.2962 of 2016 (2) dt.16-03-2016 2/3 State.

In view of the fact that the accused above-named has been in custody since 07.07.2015 and charge sheet has already been submitted in connection with the case aforementioned and perusal of the materials available 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 above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of Shri Kumar Sudhanshu, learned Judicial Magistrate, 1st Class, Bettiah, District- West Champaran, in connection with Sathi Police Station Case No. 108 of 2015.

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.

Patna High Court Cr.Misc. No.2962 of 2016 (2) dt.16-03-2016 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T