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Patna High CourtCR. MISC./14800/2016disposed

Ram Kripal Sahni And ORS v. The State Of Bihar

2016-05-02The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14800 of 2016 Arising Out of PS.Case No. -101 Year- 2015 Thana -HATHAURI District- MUZAFFARPUR ======================================================

1. Ram Kripal Sahni Son of Late Mahendra Sahni

2. Sunil Sahni Son of Ram Kripal Sahni

3. Bhulendra Sahni @ Bhupendra Sahni Son of Ram Kripal Sahni All resident of village - Dakrama, P.S. Hathauri, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar, Adv. For the Opposite Party/s : Mr. Ajit Kumar (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 02-05-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused petitioners, namely, Ram Kripal Sahni, Sunil Sahni and Bhulendra Sahni @ Bhupendra Sahni, in connection with Hathauri Police Station Case No.101 of 2015, under Section 414 of the Indian Penal Code, Sections 25(1-b)A/26/35 of the Arms Act, Section 3/4 of the Explosive Substances Act and Sections 16, 17, 18 and 20 of U.A.P. Act.

Perused the above application and materials on record.

Heard Mr. Devendra Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. Ajit Kumar,

Patna High Court Cr.Misc. No.14800 of 2016 (2) dt.02-05-2016 2/3 learned Additional Public Prosecutor, appearing on behalf of the State.

In view of the fact that the accused above-named have been in custody since 03.09.2015 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-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 their 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 learned Sessions Judge-Cum-Special Judge, Muzaffarpur, in connection with Hathauri Police Station Case No.101 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/her from disclosing such facts to the Court or to any police officer or

Patna High Court Cr.Misc. No.14800 of 2016 (2) dt.02-05-2016 3/3 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, ACJ) K.C.jha/- U T